Mak Council suspends Justice Tabaro as Chairperson Staff Appeals Tribunal

Kampala, Uganda | THE INDEPENDENT | There is growing anxiety among Makerere University staff after the decision by the University Council to halt the work of the Staff Appeal Tribunal.

Over the years, the Tribunal has played a crucial role in offering an alternative avenue for University staff who have been dismissed to challenge the decisions of the Appointments Board and to obtain a just and unbiased hearing.

Working on the advice of the Attorney General, Kiryowa Kiwanuka, the Tribunal’s work has been suspended by the University Council. This becomes the latest amongst what seems like authoritarian actions implemented by the University under the leadership of Prof. Barnabas Nawangwe, the Vice Chancellor.

For nearly six years since his election as Vice Chancellor, Nawangwe has been under focus on enforcing a regime of near-military within the university, which has seen the suspension of both staff and students who voice any form of opposition towards institutional policies or are presumed to hold such views.

In his letter dated April 6, addressed to the Chairperson of the Tribunal that URN has seen, Makerere University Secretary, Yusuf Kiranda said that the Attorney General had guided on several matters concerning the Tribunal, including the fact that it is not properly constituted.

“In the interim, the Council has directed me to halt all activities of the Staff Tribunal as the relevant organs expedite the necessary actions following the Attorney General’s guidance…The purpose of this letter, therefore, is to inform you of the Council’s directives. By copy of this letter, the Secretary to the Staff Tribunal is required to ensure compliance with the directives,” reads part of the letter.

Kiryowa-Kiwanuka who until his appointment as Attorney General was part of the Makerere University Council and actually chaired the Appointments Board, was responding to questions raised by the University Secretary regarding the functioning of the Tribunal.

In his queries to Kiryowa-Kiwanuka, Kiranda wanted to know whether the Tribunal is headed by a retired judge of the High Court, is properly constituted; and if not, the effect of this on its decisions.

In response, Kiwanuka said the chairperson of the Tribunal does not qualify to be in that position by his age. “Since a person who is 65 years of age or above does not qualify for appointment as a judge of the High Court under the Constitution, a retired judge of the High Court , does not qualify to be appointed as chairperson of the Staff Tribunal under the Universities and Other Tertiary Institutions Act,” Kiryowa-Kiwanuka’s letter in response reads.

According to article 56 (1) (a) of the Universities and Other Tertiary Institutions Act, 2001 (as amended), the Chairperson of the tribunal shall be a person who is or is qualified to be a High Court Judge. Justice Tabaro was born on June 19, 1947 therefore he is currently 75 years old. However, while the University Secretary raised concerns about the suitability of Justice John Patrick Tabaro as Chairperson of the Tribunal, courtesy of his age, it is significant to highlight that his appointment in 2019 by the University Chancellor took place when he was already 72 years old, and despite him surpassing the age of 65 years, this never jeopardized his appointment, a fact that raises pertinent queries regarding the true motive of the Council. The Attorney General’s guidance however notes that all previous decisions made by the Tribunal remain valid. “Notwithstanding the above, the decisions rendered by the Tribunal so far remain valid and are not affected by the improper constitution of the Tribunal. This is premised on the view that a court of law would not nullify the decisions taken by the Tribunal so far, by the doctrine of prospective annulment, which is to the effect that a ruling of the court does not have a retrospective effect,” the letter reads in part.

A source that preferred anonymity to speak candidly on the matter, said the University’s purported justification for halting the staff tribunal based on having an eligible chairperson is merely a cover-up. The source contends that the real cause of the suspension is the Council’s dissatisfaction with the majority of the decisions rendered by the tribunal under the leadership of Tabaro.

The source noted that the majority of the staff who were illegally dismissed by the Appointments Board had been reinstated by the Tribunal after a fair hearing, a move that she believes left the Council displeased.

In May 2022, Javason Kamugisha the former Director of Legal Services at Makerere University appealed to the Tribunal over his illegal dismissal after serving for a year and he was told to vacate the office. Kamugisha later petitioned the Tribunal, which granted him a temporary injunction, prohibiting the University from re-advertising his position until the disposal of his appeal.

In January 2023, the Tribunal chaired by Justice Tabaro ordered Makerere University to pay salary arrears of close to 100 Million Shillings to Kamugisha for unfairly terminating his contract which according to sources is yet to be implemented.

When contacted for a comment, Dr. Robert Kakuru, the chairperson of the Makerere University Academic Staff Association (MUASA) trashed the development saying that it is only aimed at gagging and undermining the independence of the Tribunal. “To some of us, it’s not a surprise given the number of irregular dismissals and suspensions of staff that the Tribunal has ordered for reinstatement because of the high-handedness of the former Appointments Board,” Kakuru said.

“A section of Council members and Management feel poked by the Staff Tribunal. Unfortunately, the Attorney General is being dragged into this mud. His opinion is that the university can appeal a decision of the Tribunal is self-defeating. The Tribunal is an organ of the University. How can the university appeal against itself?

Secondly, we see the University Secretary quickly suspending the Tribunal but has not used the same speed to reinstate the staff who won their cases in the Tribunal. This is a double standard and it shows that Management and Council have a sinister motive. The suspension is not in good faith,” Kakuru added.

Attempts to get a comment from the University Secretary on the matter were futile as he neither picked up nor returned our repeated calls to his known number.

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URN