Makerere University has found itself entangled in a legal battle of epic proportions, as it seeks to retract its case against the Staff Appeals Tribunal, a move that has left the academic community buzzing with speculation and controversy.
The saga began when Makerere University took an unprecedented step of suing its own Staff Appeals Tribunal, challenging its decision to reinstate Dr. Malowa Davis Ndanyi as the Director of Human Resources.
The university is seeking a declaration that the Tribunal’s decision, made on March 1st, 2023, to set aside the termination of Dr. Malowa’s probationary contract, was nothing short of irrational, illegal, unjustified, and unreasonable.
In an astonishing turn of events, a letter dated January 8, 2023, surfaced, revealing the collective voice of Makerere University’s staff through associations such as Makerere University Academic Staff Association (MUASA), Makerere Academic Staff Association (MASA), and the National Union of Education Institutions (NUEI).
These associations implored the University Council to withdraw the court case, arguing that such a move casts a dark shadow on the university’s corporate governance, management, and overall image.
The staff, in their letter, raised thought-provoking questions about the legal intricacies of the case. They questioned the role of Mr. Kiranda, the University Secretary, who initially supported the university’s application but is also the secretary to the Tribunal.
The staff pondered whether he would now switch sides and defend the Tribunal, creating a legal quagmire within the university’s leadership.
A significant point of contention highlighted by the staff is the funding of the Staff Tribunal. As the tribunal is funded by the university, the staff questioned whether the institution should bear the financial burden of defending the Tribunal in court, deeming it a potential waste of taxpayers’ money.
Delving into the backstory, evidence presented before the court reveals a convoluted timeline involving the Appointments Board and the probationary period of Dr. Malowa. The Board terminated his probationary contract on May 4th, 2022, alleging performance inadequacy.
However, Dr. Malowa filed an appeal before the Staff Tribunal, leading to a series of events that have now culminated in a legal standoff.
Makerere University contends that the Tribunal’s proceedings were conducted without proper rules of procedure, accusing it of making decisions without due regard for the university’s rights.
The university emphasizes that the Tribunal overstepped its mandate by ordering Dr. Malowa’s reinstatement, arguing that such a decision was beyond the legal framework governing the institution.
This legal saga is not the first clash between Makerere University staff and the administration. Tensions escalated in April 2023 when the University Council, acting on advice from Attorney General Kiryowa Kiwanuka, suspended the Tribunal.
The suspension, communicated through a letter from University Secretary Yusuf Kiranda, cited the lack of requisite qualifications of the Tribunal’s chairperson, Justice Tabaro. This move heightened tensions among staff, as it eliminated a crucial avenue for university employees facing dismissal to seek redress.
As the courtroom drama unfolds, Makerere University finds itself at a crossroads, navigating the delicate balance between upholding institutional authority and addressing the concerns of its staff.
The outcome of this legal showdown will undoubtedly leave a lasting impact on the university’s governance, setting a precedent for future disputes within the academic realm.
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