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Court orders Makerere University to pay Prof. Niwagaba

Makerere University

Kampala, Uganda | THE INDEPENDENT | Justice Dr. Andrew Bashaija has directed Makerere University to pay Shillings 115 million as salary arrears and emolument to Associate Professor Charles Niwagaba. The directive stems from an application filled by Prof. Niwagaba challenging his suspension from the University for alleged failure to submit student’s marks which caused reputational damage to the University.

In his application, Prof. Niwagaba who was formerly attached to the College of Engineering, Design, Art and Technology said he was first suspended via email around midnight on December, 22nd 2018 when the Institution had officially closed which was followed by a termination letter on January 7th 2019.

He faulted the University for breaching its own procedures, undermining its organs and structures for employment and the rules of natural justice because he was never accorded a fair hearing.

Prof. Niwagaba also claimed that prior to his official dismissal, the University subjected him to a Sub Committee of the Appointments Board over several allegations and eventually condemned him on the charges of insubordination after several amendments of the charge sheet.

In his ruling, Justice Bashaija noted that the University never challenged the facts presented by Prof. Niwagaba, adding that indeed by the time the applicant ran to court, he had exhausted all internal remedies of the University and failed to get justice.

He directed the University to pay Prof. Niwagaba his salary arrears and emoluments. He also awarded him Shilling 50 million as compensation for damages caused for illegal suspension at a 6 percent interest rate from the time of ruling until full payment is made.

Prof. Niwagaba is among 45 employees that were dismissed from Makerere University during the 2018 Christmas holidays. The affected workers were accused of among other issues, insubordination, financial fraud, sexual harassment of students and failure to report for duty.

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