MUBS is flouting the law, morality
Sep 12, 2006
MAKERERE University Business School (MUBS) has, since the July 17 High Court ruling which purportedly granted it a university status, installed a Vice-Chancellor and has already recommended a Chancellor to the President. Why the rush?
By Adyeri Kanyaihe
MAKERERE University Business School (MUBS) has, since the July 17 High Court ruling which purportedly granted it a university status, installed a Vice-Chancellor and has already recommended a Chancellor to the President. Why the rush?
I am not a legal guru, but I feel MUBS should address these issues before rushing to assert itself as a university.
Section 31(2) of the Universities and Other Tertiary Institutions Act 2001 is clear on the appointment of Vice-Chancellors of public universities: “The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the University Council from among three candidates recommended by Senate.â€
That clause would mean that the Chancellor has to come before the Vice-Chancellor. Does the Justice Okumu Wengi ruling make the former MUBS principal a Vice-Chancellor by default?
The Act clearly states that a search committee comprising two Council and three Senate members identify suitable candidates for the post of Vice-Chancellor.
The identified persons are then forwarded to Senate which nominates three candidates to the University Council one of whom is then appointed Vice-Chancellor.
The appointment of the current Vice-Chancellor may be challenged in court in case these procedures were not followed.
MUBS should also ensure that several sections of the Act are amended before asserting itself as a fully fledged university.
It should recall that under Miscellaneous Cause No. 579 of 2005 seeking to establish MUBS as a university, Justice Arach Amoko ruled on April 11 that “no amount of statutory interpretation would turn the second respondent (MUBS) into a fully fledged university because Section 22(1) of the Act is clear on how a public university is created.â€
The section states: “The Minister may, by statutory instrument, on the recommendation of the National Council for Higher Education (NCHE) and by a resolution of Parliament, establish a public university.†While Amoko’s judgement was delivered on April 11, 2006, the Judiciary is in an awkward position where judges have delivered contradictory judgements.
MUBS should not rejoice yet because it cannot pronounce itself as a university. The court should have instead ordered the NCHE to establish MUBS as a university rather than MUBS making a declaration basing on the court ruling. This was how the Uganda Pentecostal and Fairland universities came to be granted licenses.
MUBS has gone ahead to advertise academic programmes and invite applications without authority from the NCHE yet it does not appear on the list of gazetted universities.
According to the Register of Universities signed by the Executive Director of NCHE, Dr A. B. K. Kasozi, Uganda has 22 universities. Only Makerere University, Kyambogo University, Mbarara University of Science and Technology and Gulu University are public universities.
The rest are private ones and MUBS features nowhere in either category. How anarchical it would be if the School of Education, the School of Fine Art or the Medical School at Makerere University, for example, all decided to tread the MUBS path and declare themselves independent universities!
Section 131 (4) of the Act bars any university or tertiary institution not appearing in the Gazette from advertising itself or admitting students or conducting programmes leading to the awards of certificates, diplomas or degrees without authority from the NCHE.
Time has indeed come for MUBS to become a fully fledged university as its forced marriage with Makerere University can no longer hold. However, instead of MUBS rushing and in the process disregarding the established laws, it should go slow, secure the amendment of the clauses that still hold it hostage to Makerere University.
It should urgently seek the amendment of Section 132(1) of the Act which still stands out loud and clear: “At the commencement of this Act, MUBS shall be deemed to have affiliated to Makerere University and shall assume the status of an affiliated tertiary institution.â€
akanyaihe@newvision.co.ug
MAKERERE University Business School (MUBS) has, since the July 17 High Court ruling which purportedly granted it a university status, installed a Vice-Chancellor and has already recommended a Chancellor to the President. Why the rush?
I am not a legal guru, but I feel MUBS should address these issues before rushing to assert itself as a university.
Section 31(2) of the Universities and Other Tertiary Institutions Act 2001 is clear on the appointment of Vice-Chancellors of public universities: “The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of the University Council from among three candidates recommended by Senate.â€
That clause would mean that the Chancellor has to come before the Vice-Chancellor. Does the Justice Okumu Wengi ruling make the former MUBS principal a Vice-Chancellor by default?
The Act clearly states that a search committee comprising two Council and three Senate members identify suitable candidates for the post of Vice-Chancellor.
The identified persons are then forwarded to Senate which nominates three candidates to the University Council one of whom is then appointed Vice-Chancellor.
The appointment of the current Vice-Chancellor may be challenged in court in case these procedures were not followed.
MUBS should also ensure that several sections of the Act are amended before asserting itself as a fully fledged university.
It should recall that under Miscellaneous Cause No. 579 of 2005 seeking to establish MUBS as a university, Justice Arach Amoko ruled on April 11 that “no amount of statutory interpretation would turn the second respondent (MUBS) into a fully fledged university because Section 22(1) of the Act is clear on how a public university is created.â€
The section states: “The Minister may, by statutory instrument, on the recommendation of the National Council for Higher Education (NCHE) and by a resolution of Parliament, establish a public university.†While Amoko’s judgement was delivered on April 11, 2006, the Judiciary is in an awkward position where judges have delivered contradictory judgements.
MUBS should not rejoice yet because it cannot pronounce itself as a university. The court should have instead ordered the NCHE to establish MUBS as a university rather than MUBS making a declaration basing on the court ruling. This was how the Uganda Pentecostal and Fairland universities came to be granted licenses.
MUBS has gone ahead to advertise academic programmes and invite applications without authority from the NCHE yet it does not appear on the list of gazetted universities.
According to the Register of Universities signed by the Executive Director of NCHE, Dr A. B. K. Kasozi, Uganda has 22 universities. Only Makerere University, Kyambogo University, Mbarara University of Science and Technology and Gulu University are public universities.
The rest are private ones and MUBS features nowhere in either category. How anarchical it would be if the School of Education, the School of Fine Art or the Medical School at Makerere University, for example, all decided to tread the MUBS path and declare themselves independent universities!
Section 131 (4) of the Act bars any university or tertiary institution not appearing in the Gazette from advertising itself or admitting students or conducting programmes leading to the awards of certificates, diplomas or degrees without authority from the NCHE.
Time has indeed come for MUBS to become a fully fledged university as its forced marriage with Makerere University can no longer hold. However, instead of MUBS rushing and in the process disregarding the established laws, it should go slow, secure the amendment of the clauses that still hold it hostage to Makerere University.
It should urgently seek the amendment of Section 132(1) of the Act which still stands out loud and clear: “At the commencement of this Act, MUBS shall be deemed to have affiliated to Makerere University and shall assume the status of an affiliated tertiary institution.â€
akanyaihe@newvision.co.ug