Attorney General advises on MUBS

Aug 08, 2007

THERE is no law stopping the education ministry from renewing Wasswa Balunywa’s contract as principal of Makerere University Business School (MUBS), the Attorney General, Khiddu Makubuya, has advised.

By Cyprian Musoke

THERE is no law stopping the education ministry from renewing Wasswa Balunywa’s contract as principal of Makerere University Business School (MUBS), the Attorney General, Khiddu Makubuya, has advised.

In his legal opinion to the President dated August 6, Makubuya said the ministry was also free to advertise and get a new principal for the school.

The school has been in a legal stalemate since it pronounced itself a university, with Balunywa as its vice-chancellor. The ministry has since refused to remit funds to it.
Makubuya said MUBS was still an affiliate college of Makerere University. But the school has defied an order to cancel its appointment of a university secretary as its accounting officer. It has also vowed to open and operate on internal funds.

“The academic year 2007/08 commences the first semester on August 11, as scheduled. First- year students should, therefore, report on that date to begin their studies and continuing students report on August 18,” said yesterday’s press statement signed by the MUBS public relations officer, Martha Abeja Ekure.

The education minister, Namirembe Bitamazire, had earlier declined to renew or end Balunywa’s contract or appoint a new principal until the ongoing court cases on its status are resolved.

But Makubuya said: “It is not true that due to the ongoing court cases, any administrative actions relating to MUBS will be considered contempt of court. For one to be in contempt of court, one has to act specifically in violation of a court order or directive.

“There is only one valid court order of the court of appeal staying the execution of the orders of Justice Okumu Wengi (recognising MUBS as a university).”

Makubuya argued that any administrative action, which purports to recognise MUBS as a university, would be in contempt of court, as it would tantamount to enforcing Okumu’s contested orders.

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