Mak Law School in leadership crisis ahead of NCHE visit

Kampala, Uganda | THE INDEPENDENT | There is a leadership crisis at the Makerere University Law School ahead of an inspection visit by the National Council for Higher Education (NCHE).

Uganda Radio Network has established that none of the School’s five departments has a substantive head of department, which raises quality assurance queries, at least under the accreditation guidelines.

The school has five departments which include; the department of Law and Jurisprudence, Public and Comparative Law, Environmental Law, Human Rights and Peace Center and Commercial Law department.

To qualify to become a head of department in Makerere University, one must be a staff at a rank of Senior Lecturer and above and should be below the age of 56 years at the time of nomination. Also staff, who are full-time registered students are ineligible for nomination.

This report has established however that all heads of departments at the school of law are in acting capacity due to lack of required rank to be Head of Department.

Although the current acting Principal and Deputy qualify to hold their positions since they are Associate Professor and Senior Lecturer respectively, the NCHE has not gazetted the College which makes these act in a non-existing office, at least according to the Statue for Management of Constituent Colleges of Makerere University.

For instance, Associate Professor Christopher Mbazira, has been acting Principal since 2017, while his Deputy Dr. Ronald Naluwairo, a Senior Lecturer has been the Acting Deputy Principal for nine years since 2011.

Others in acting capacity are; Dr. Zahara Nampewo, the Acting Director Human Rights and Peace Centre (HURIPEC) since 2013. Professor Emmanuel Kasimbazi has since 2011 been the Acting Head, Department of Environmental Law, while Dr. Phionah Muhwezi Mpanga, has been the Acting Head of Department, Commercial law since 2018

URN has established that Ernest Wiltshire Kalibbala, an assistant lecturer since 2000 yet to enroll for a PhD has since 2016 been the Acting Head, Department of Law & Jurisprudence.

Patricia P’Odong Atim, Acting Head of Department Public & Comparative Law since 2019. Atim has been an Assistant Lecturer since 2006 and is currently pursuing her PhD in South Africa.

The Makerere University Human Resources Manual clearly stipulates that for someone to be a Head of Department, he or she must not be undertaking their academic studies.

The same manual says the maximum one can Act is 14 months. This means that majority of the acting current heads of departments have flouted the human resources manual provisions by acting for a year.

The institution’s Academic Registrar had on January 9, 2020, issued a call for nominations for the positions of heads of departments.

In his January 20 follow-up letter however, Masikye says only candidates from the department of Commercial Law had submitted the nomination, yet the deadline was fast approaching on Thursday, January 23rd 2020.

Mid-way the process however, Associate Professor Umar Kakumba, the Deputy Vice Chancellor Academic Affairs on January 20 directed the academic registrar to recall his letters and stay filling of substantive positions in the School of Law.

School of Law is still in transition to a Collegiate status and all leaders there are acting. Management agreed that we fast-track the approval processes with NCHE. Secondly, HURIPEC doesn’t have a position of chair, it is a director, being a centre,” said Associate Professor Kakumba.

Against this advice, the Academic Registrar Masikye, called off all nominations at the school of Law.

In his January 22,2020 communication to all academic staff of the School, Namoah said the process will rest for now as the process of fast tracking the School’s inspection by the National Council for higher Education is expedited.

The recall of the nomination process was received with shock by a section of staff in the school citing the university has been using NCHE inspection as an excuse not to substantively fill the positions and as a result, prolonging the stay in office of several Heads of Department.

According to Professor David Justin Bakibinga, a former Law School Dean, Director Graduate School and Deputy Vice Chancellor Finance & Administration says however that the decision to withdraw the nominations was ill advised.

Professor Bakibinga, a highly respected scholar and university administrator argues that completion of appointment of Heads of Department before NCHE accreditation, would enhance accreditation of the School of Law.

He raised the matter with University Management citing that; “the departments have always existed and preceded the transition to college status.” The positions for heads of departments are voted for by all academic staff in the particular department, in established positions of Assistant Lecturer and above.

The university regulations include visiting lecturers among those eligible to vote but excludes part-time staff.

Section 53 of the Universities and Other Tertiary Institutions Act, 2001 provides that the Head of department shall hold office for four years, eligible for re-election for one more consecutive term.

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URN