Govt has no power on school fees - lawyers

It will be difficult for private schools to abide by a government directive barring them from hiking fees if a statutory instrument is not in place, experts have warned.

Mr Michael Aboneka, a lawyer, told Monitor via telephone yesterday that circulars and verbal warnings simply won’t cut it since they “are not a law. 

Since neither has “legal standing”, Mr Aboneka believes private schools will become emboldened to breach them since “ there is nothing that is going to be done to them.”

“[It’s like] fetching water in a basket,” he said, adding that “[the government] can’t take disciplinary action against errant schools. There is nothing called general punishment.”

Mr Aboneka said passing the statutory instrument doesn’t need to go through Parliament since the Education Act, 2008, gives the Education minister sweeping powers. 

Part II of the legislation states that “the minister shall, from time to time, initiate policies and reforms of education as the need arises; and the minister shall, from time to time, issue statutory instruments regarding Universal Primary Education, Universal Post Primary Education and Training, school meals, school charges, school uniforms, management and governance of education institutions in accordance with this Act among other responsibilities.”

School fees
Last year, Ms Janet Museveni—the Education minister who doubles as First Lady—revealed that her ministry had finalised drafting a statutory instrument that’s intended to regulate school fees. 

“My Ministry will soon be embarking on the process of consulting the various stakeholders about the statutory instrument that we have drafted to regulate school fees and other charges in our education institutions of learning,” she said back then, adding, “Once this exercise is completed and the instrument is taken through the necessary processes, as government, we shall be in a better position on how best to regulate school fees and school charges.”

Mr Aboneka advises the Education minister to fast track the process of passing the statutory instrument, saying it is now a year since the Initiative for Economic and Social Rights filed a case before the High Court.

The demand was that the court directs the Education minister to issue a statutory instrument  to regulate fees and also abolish not school requirements like paint, rakes, etc. 

“I know the minister has been saying that there has been stakeholders engagement on the issue and has been warning schools not to increase fees but they already did,” Mr Aboneka, who filed the case together with Andrew Karamagi, said. “As children went for third term holidays, they came back with circulars, indicating that school fees had been increased and parents are already paying this money.  Our hope is probably that by the end of the first term, the instrument should be out.” 

During the release of the 2022 Primary Leaving Examinations (PLE) results last week, Ms Museveni revealed that Cabinet had guided that all schools maintain the fees structure for the third term of 2022 as the ministry awaits further guidance on the matter.  

The government has previously issued such directives with zero adherence from mostly private institutions that cite the current inflationary pressures for the hikes.  

Without necessarily showing how enforcement of the January 23 Cabinet directive will be effected, Mrs Museveni said: “It is my prayer, that our government-aided and private schools will adhere to our guidance as we all seek a fair and lasting solution to this matter.”

She added: “We are not blind to the plight of parents and guardians as they grapple with the exorbitant school fees and charges in our schools.”

The First Lady also revealed last Friday that the government constituted a committee to conduct a school fees policy study. Its findings, she added, are under scrutiny to guide an informed decision.
“This study brought a number of issues to the fore and is guiding our discussions at sector level,” she noted.

Mr James Nagwala, a lawyer, yesterday described the government’s directive to private schools not to increase fees as a reprimand with no effect.

“My understanding is that there is no regulatory framework for regulating fees, especially in private schools. Government’s warning might come as what I would call a reprimand, but which has no effect,” he reasoned, adding, “What will dictate the increment, or lack of it, is the cost of maintenance of the schools. Whereas we would be happy if the government warning would be heeded, but we are pacifistic that most private schools will comply.”

Nangwala, however, advised that the laws if passed must be in position to meet the aspirations of people.

“The law must be enacted to meet aspirations of people. If you enact a law setting down a fees structure for an institution, and yet we have wars going on in the world. I’m told those wars have an effect on fuel prices  which have effects on good and services. I’m very sure government has been cautious in not enacting the law to regulate fees structure for that simple reason,” he said, adding, “I can also say, probably many of the legislators have got private schools and they are the people who make laws. They would be reluctant to endorse a Bill proposing regulation of fees structure.” 

Kampala Lord Mayor Erias Lukwago described the directive as mere threats with no legal efficacy.
He said improving subsidies given to government-aided schools would help address the issue of school fees as the later will be able to accommodate more students who have been studying  from private schools