Nawangwe has no powers to suspend staff –law school

Kampala, Uganda | THE INDEPENDENT | Makerere University Law dons have questioned the powers of the Vice Chancellor, Prof. Barnabas Nawangwe to suspend staff and appoint a committee to investigate them. This is contained in a statement signed by Associate Prof. Christopher Mbazira, the acting Principal Law School with backing of all staff.

“It appears that the powers invoked to suspend and at the same time nominate an investigative committee are not available either in the Universities and Other Tertiary Institutions Act or in the Makerere University Human Resources Manual,” a statement by law dons read.

Prof. Nawangwe has in the past relied on section 31 (1) and 55 (2) of the Universities and Other Tertiary Institutions Act to suspect staff. However, the law dons argue that neither the Universities and Other Tertiary Institutions Act nor the Makerere University Human Resource Manual empower the vice chancellor to doll out suspensions.

“Neither do they give the Vice Chancellor powers to set up an investigative committee. Those powers vest only in the person that has direct supervision of the staff member. Even the Human Resource Manual in paragraph 5.9 (b) (ii) does not give the Vice Chancellor power to institute an investigative committee,” the law dons contend.

They also says the threats by the university management to take disciplinary action against any employee of the university who has withdrawn his/her labor in accordance with the resolutions of the February 4, 2019 Joint Assembly are illegal and should be rejected.

URN has previously reported on the orders of the Director Human Resources Andrew Abunyang directing all staff to report to work lest they are dealt with under the law.

Legality of Suspensions

The law school observes that the Employment Act provides for the manner, in which suspension of employees is managed. Section 63 (2) provides that “Any suspension under subsection (1) shall not exceed Four Weeks or the duration of the inquiry.”

“We observe that the suspension of MASA Chairperson Bennet Magara and the Secretary Joseph Kalema is illegal as it has exceeded the mandatory 4 weeks from the date of suspension on 21st December 2018,” they further contend.

Human Resource Manual Challenged

The law dons also argue that Makerere University Human Resource Manual is riddled with several illegalities, which contradict the Constitution and other employment laws.

According to Prof. Mbazira, “Close 5.9 (b) (i&v) which provide for 90 days of suspension contravenes section 63 of the Employment Act. The recently gazetted amendments to the HR manual are likewise legally problematic.”

The school reiterated the earlier position that the staff resolutions are binding on all associations and union members. Prof. Mbazira says the Law School remains committed to all its academic, administrative and support obligations under the Universities and Other Tertiary Institutions Act and their terms of employment.

“It is also our responsibility as a School to provide well-reasoned guidance on matters of constitutionalism, rule of law and administrative governance. It is in this spirit and for the overall good of Makerere University – the oldest and most prestigious institution of higher learning in the land – that we give this opinion and advice,” states Prof. Mbazira said.

Associate Prof. Ronald Kakungulu Mayambala, a senior law lecturer explains that the Vice Chancellor like any other university staff is an employee of the university and cannot have powers to discipline a fellow employee without going through the necessary committees.

On Wednesday February 6, 2019, the Vice Chancellor issued a letter to association heads appealing to them to play their ‘rightful roles’ in restoring normalcy in the university.

“This is to affirm the position reached between Management and the leadership of the three Staff Associations at the meeting held on 4th February 2019, to start a new chapter of mutual respect and take our University to greater heights as one family,” Prof. Nawangwe said.

Despite this assurance, staffs demand that the university management reinstates the suspended staff association leaders in order to affirm a “new chapter of mutual respect.”

Associate Prof. Edward Mwavu, the interim chairperson Joint Staff Associations declined to comment on the said letter, saying he would table it before the Joint Assembly scheduled for Monday afternoon.

Students Losing Patience

Denis Twahika, a law student says the frustration he is feeling after missing lectures is pushing him to apply desperate measures.

Twahika says Prof. Nawangwe’s comments on student’s good discipline is misplaced, especially after silencing all critical voices.