MUK: Lord’s day vs. man’s law

Oct 01, 2003

THE petitioners, Makerere University Seventh Day Adventist students, petitioned against the University for declarations that:

By Chibita wa Duallo

The petitioners, Makerere University Seventh Day Adventist students, petitioned against the University for declarations that: The University policies and regulations of scheduling lectures, tests and examinations on the Sabbath Day are in contravention of articles 20, 29, 30 and 37 of the Constitution.
The petition is supported by affidavits of the petitioners, the cardinal tenet of their faith being based on the fourth commandment found in the Bible in Exodus 20:8. It states in brief that “Remember the Sabbath Day by keeping it Holy.”
For sometime now, Makerere University Seventh Day Association has been in negotiations with the University with a view to finding a solution to this problem. When they failed to find a solution, they petitioned the Constitutional Court.
The issues agreed on were whether the respondent’s regulations are inconsistent with some articles of the Constitu-tion, whether the respondent is entitled to a lawful derogation under article 43 and what remedies the petitioners are entitled to, if any.

Excerpts from the judgement of Justice Amos Twinomujuni
From the testimony of the petitioners, it is clear they are free to practise their religion freely without interference from the university. Whether they choose to worship on Mondays or Saturdays is not a problem to the university, which is a secular institution. It has numerous students and staff practising numerous religions and beliefs. It has a statutory function to perform. It conducts over 180 programmes to a student population of 31,000. To do this, time must be used optimally.
Whether one chooses to worship God on Saturday instead of doing an examination or attending a lecture is a matter of individual choice. This matter is clearly brought to the attention of the students on the first day they enter the university. Those who do not like the condition need not enter the university. There are many universities here and abroad from which an intending student could choose a suitable alternative.
I agree with Mr. Wamala, learned counsel for the respondent that there are exceptions to God’s commandment on the Sabbath. Attending a lecture or doing an examination involves listening, thinking, reading and writing. Are members of the SDA Church prohibited from listening, thinking, reading and writing on the Sabbath? They should note that doing any other good on the Sabbath, like treating a sick person, or rescuing a distressed person or animal as recommended by Jesus would equally interfere with worship.
In my humble opinion, this tends to show that for a good cause, a Christian is permitted to do some good work or to work, out of necessity on Sabbath. Attending a lecture or sitting an examination once in a while on the Sabbath could fall within the accepted exceptions to the Sabbath commandment.
While the petitioners are free to enjoy their rights and freedoms, they must respect the rights and freedoms of others who do not practise the same religion. The regulations in issue are non-discriminatory. They equally apply to all the people at the university for seven days a week.
The regulations are reasonable and necessary in order to run an institution like Makerere University. They do not, however, affect anyone who does not voluntarily choose to join the university. If I admit you to live in my house under specified conditions and you accept to do so, you will be held to be out of order if you subsequently attempt to replace the conditions with those that suit your own peculiarities.
For these reasons, I would hold that Makerere University regulations do not in any way violate or contravene the petitioners’ constitutional rights of religion or education. They are not entitled to any remedies. Since I find no merits in this petition I would dismiss it accordingly. However, since the petition raised a matter of public interest, I would order each party to bear its own costs.
The five judges were all unanimous in dismissing the petition.
Ends

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