By Francis Kagolo                                                                

MAKERERE University has defied a directive by the education minister, Jessica Alupo, to appoint a substantive vice chancellor to replace Prof. Venansius Baryamureeba who has been serving in acting capacity for over two years.

Alupo had directed Makerere university council to institute a search committee for a substantive vice chancellor as required by the law governing universities and other tertiary institutions.

Her directive, issued early January, also required the university to advertise for the posts of deputy vice chancellors currently held in acating capacity by Prof. Lillian Ekilikubinza (for academics) and Prof. Steven Tickodri-Togboa (for administration).

This followed a legal interpretation given by the solicitor general (SG), Harriet Bwabi, that Baryamureeba’s tenure was illegal since under government regulations one cannot act for a period longer than six months.

Baryamureeba and his two deputies were appointed on six-month renewable contract in 2009. 

The then minister for higher education, Mwesigwa Rukutana, had advised the university to appoint the trio in acting capacity until the universities and other tertiary institutions Act was amended.

However, the SG last year advised that the law does not provide for the appointment of an acting vice chancellor or acting deputy vice chancellors and since a cabinet decision does not supersede legal provisions, the Act remains in force.

Henceforth, Alupo instructed the university council to discard the earlier guidance given by Rukutana in 2009 and advertise and hold interviews for the three jobs to make the process open and competitive.         

However, meeting at the university Thursday, the Council declined to implement Alupo’s directive and instead resorted to seeking further legal interpretation from the Solicitor General. 

Chaired by Dr. Wana Etyem, the university council is the institution’s supreme decision-making organ, but is answerable to the minister of education.

“The University Council at its 124th meeting on February 9, 2012, discussed the minister’s letter,” Ritah Namisango, Makerere’s spokesperson said in a statement. However, “the Council decided to seek legal advice from the SG on whether or not it should carry out the search process.”

The university council also wants the SG to advise on the likely legal consequences for starting the search process or staying the process until the Universities and Other tertiary Institutions Act is amended.

“As the University awaits communication from the Solicitor General, the status quo still stands,” Namisango stated, meaning that Baryamureeba and his two deputies will continue serving, though in acting capacity.

The development comes at a time when Baryamureeba is embattled with a number of issues, including a suit filed by Dr. Tanga Odoi, the lecturers’ staff association (MUASA) chairman, challenging his continued stay in office. 

If Makerere were to implement Alupo’s directive, under the current law, the Council would set up a search committee comprising two of its members and three members from the University Senate.

The committee would then identify suitable candidates for the post of Vice Chancellor and forward them to the Senate to nominate three candidates for recommendation to the University Council.