MUBS’ status is clearly legal
Dec 07, 2003
Sir — The Universities and other Tertiary Institutions act in s.132 made Makerere University Business school (MUBs) an affiliated Public Tertiary Institute.
Sir — The Universities and other Tertiary Institutions act in s.132 made Makerere University Business school (MUBs) an affiliated Public Tertiary Institute. Makerere University’s (MUK) suggestions that MUBS is independent of MUK except for programmes it jointly conducts with MUK as is provided in s.132 and that it became independent of MUK under s.71 of the Act are erroneous. MUBs does not fall in the category of Institutions created by s.71 as clearly defined in s.2 of the Act. The Public Institutions created under sections 71, 75 and 111 according to s.2, are clearly defined and do not cover MUBS which is created with a special status as an affiliated public Tertiary Institute.
Attempts to equate MUBS to other affiliated institutions created by the Act is misleading. The law creating MUBS distinguishes it from other tertiary institutions affiliated to MUK and specifically provides for how it is affiliated to MUK in s. 132 (4).
The other affiliations relate to those institutions which are connected through the university council and senate authorisation and do not enjoy the same legal status like that of MUBS.
On the continued use of the MUK Logo on its communication and Certificates and Diplomas, that again is legal and in the law. The MUK (Establishment of constituent college Amendment ) Order, 2000, No. 51, under Regulation 21; empowers MUBS to enter into contracts in the name of the University and under the common seal of the University. Under S.73 (2) and 132(2), the Universities and other Tertiary Institutions Act continued the operation of statutes made under the Makerere University Act 1970 as amended, until they are replaced under the Act.
The use of the name Makerere University Business School is legal and within the law. It is a creature of the law just like Makerere University and its use raises no contradictions. It would be beyond powers for the National Council to attempt to give a name that is different from that in the Act. Both the names Makerere University and Makerere University Business school are creatures of the Act and each by law independently exists in its own right. There has been no confusion created by their use either among the students or the members of the public. Once they are mentioned, the listeners clearly know which institution is being referred to.
Flavian Zieja
Advocate
Attempts to equate MUBS to other affiliated institutions created by the Act is misleading. The law creating MUBS distinguishes it from other tertiary institutions affiliated to MUK and specifically provides for how it is affiliated to MUK in s. 132 (4).
The other affiliations relate to those institutions which are connected through the university council and senate authorisation and do not enjoy the same legal status like that of MUBS.
On the continued use of the MUK Logo on its communication and Certificates and Diplomas, that again is legal and in the law. The MUK (Establishment of constituent college Amendment ) Order, 2000, No. 51, under Regulation 21; empowers MUBS to enter into contracts in the name of the University and under the common seal of the University. Under S.73 (2) and 132(2), the Universities and other Tertiary Institutions Act continued the operation of statutes made under the Makerere University Act 1970 as amended, until they are replaced under the Act.
The use of the name Makerere University Business School is legal and within the law. It is a creature of the law just like Makerere University and its use raises no contradictions. It would be beyond powers for the National Council to attempt to give a name that is different from that in the Act. Both the names Makerere University and Makerere University Business school are creatures of the Act and each by law independently exists in its own right. There has been no confusion created by their use either among the students or the members of the public. Once they are mentioned, the listeners clearly know which institution is being referred to.
Flavian Zieja
Advocate