Court Blocks Prof. Barya’s contract at Makerere

  • November 2nd, 2024
Court Blocks Prof. Barya’s contract at Makerere

KAMPALA, Uganda | The High Court has placed a temporary hold on Makerere University’s Staff Appeals Tribunal decision, which had awarded a post-retirement contract and UGX 100 million in damages to Prof. John Jean Barya. This interim order, issued by Hon. Justice Dr. Douglas Singiza Karekona, pauses the Tribunal’s directive to reconsider Prof. Barya’s contract.

At the center of the case is Prof. Barya’s appeal to the Makerere University Staff Appeals Tribunal after the University’s Appointments Board denied his post-retirement contract request. The Tribunal, upholding Prof. Barya’s appeal, determined that the Appointments Board’s decision was “improper and unfair” under the Makerere University Human Resource Manual. The ruling directed the Board to revisit its decision within 30 days and awarded Prof. Barya UGX 100 million in damages for the undue hardships experienced.

However, Makerere University quickly contested the Tribunal’s decision, arguing that implementing it would disrupt the Appointments Board’s authority, potentially setting a precedent that could limit the Board’s discretion in future employment matters. The University’s legal team requested a temporary restraining order to maintain the status quo until the main suit could be resolved, citing potential harm that could not be compensated through monetary damages alone.

Justice Singiza, in his carefully crafted ruling, acknowledged the University’s concerns, granting the interim restraint to ensure that both the University’s governance autonomy and the Tribunal’s authority are scrutinized. The judge’s decision halts any implementation of the Tribunal’s orders until the underlying legal questions can be fully addressed, allowing for a balanced examination of the roles and powers of each body in the matter.

This case is more than just a procedural pause; it highlights the importance of establishing clear boundaries between university governance and tribunal oversight. Recognizing the similar nature of an appeal filed by Associate Prof. Wilfred Lajul, Justice Singiza consolidated both cases, streamlining the legal process to ensure consistency in addressing these pressing questions about the extent of a tribunal’s authority over administrative decisions.

As the main suit progresses, this interim ruling may set the stage for a key decision on how tribunals interact with public institutions and their governing bodies. The outcome will likely shape not only Makerere University’s future employment practices but also establish a broader precedent on institutional autonomy and tribunal authority in Uganda’s higher education sector.

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