Wakilii

Bwengye v Bishop Stuart University (EOC CR 20 of 2018)

Tribunal · [2018] UGEOC 1 · 2018 Complaint Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Complaint brought under Section 23 of the Equal Opportunities Commission Act, 2007 challenging discriminatory provisions in the respondent university's Guild Constitution
Decision
Complaint upheld; discriminatory provisions declared void and respondent ordered to amend Guild Constitution within 90 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that provisions in Bishop Stuart University's Guild Constitution restricting key leadership positions to Anglican students were discriminatory and unjustifiable. The restrictions violated Article 21 of the Constitution, the Equal Opportunities Commission Act 2007, and international human rights instruments. The Tribunal ordered deletion of the discriminatory provisions and amendment of the Guild Constitution to guarantee equal opportunities for all students regardless of religious affiliation.

Outcome

Complaint upheld; discriminatory provisions declared void and respondent ordered to amend Guild Constitution within 90 days

Facts

The complainant, a law student at Bishop Stuart University, challenged provisions in the university's Guild Constitution that restricted key leadership positions to students of the Anglican faith. The impugned provisions required that the Guild President, Vice President, Speaker, Deputy Speaker, Electoral Commission Chairperson and Vice Chairperson, Minister of Religious Affairs, and Minister of Justice and Constitutional Affairs all be Anglican. Candidates for these positions were required to obtain clearance from the University Chaplain and their home parish, and presidential candidates had to submit baptism cards and marriage certificates. All students at the university were required to be Guild members and pay subscription fees, yet non-Anglican students were excluded from contesting for the most important leadership positions. The respondent argued the restrictions were necessary to preserve the Christian identity of the university and advance Anglican values, characterizing them as positive discrimination.

Issues

  1. Whether the impugned provisions of the Respondent's Guild Constitution are discriminatory and/or amount to impairment of equal opportunities.
  2. Whether the discrimination or impairment of equal opportunities complained of is justifiable.
  3. Whether the Complainant is entitled to the remedies sought.

Orders

  • The impugned provisions of the Respondent's Guild Constitution are discriminatory and amount to impairment of equal opportunities contrary to Article 21 of the Constitution of Uganda, Sections 1, 14(1) and 23 of the Equal Opportunities Act 2007, Articles 2 and 3 of the African Charter on Human and Peoples Rights, Articles 2(1) and 26 of the International Covenant on Civil and Political Rights 1966, and Article 2 of the Declaration on the Elimination of all Forms of Discrimination Based on Religion or Belief 1981.
  • The discrimination and impairment of equal opportunities complained of by the Complainant are unjustified.
  • The Respondent is ordered to delete the impugned provisions of its Guild Constitution and cause amendments thereto with clear provisions guaranteeing equal opportunities and non-discrimination in respect to all affairs and activities of the students' community including but not limited to students' leadership.
  • A duly amended copy of the Respondent's Guild Constitution shall be submitted to the Tribunal Registry at Plot 7 Luthuli Close, Bugolobi Kampala not later than 90 days from the date of this Decision.
  • The Respondent has a right of appeal as provided for under Regulation 29 of the Equal Opportunities Commission Regulations 2014.
  • No award is made as to costs.

Rules and key headnotes

Constitutional Law — Equality and Non-Discrimination — Religious Discrimination in Student Leadership
Provisions in a university Guild Constitution that restrict key leadership positions exclusively to students of a particular religious denomination constitute discrimination contrary to Article 21 of the Constitution of Uganda, which prohibits discrimination on the basis of creed or religion.
Human Rights — Equal Opportunities — Access to Leadership Positions
Where all students are admitted to a university without reference to religion as a mandatory requirement and are required to pay Guild subscription fees, ring-fencing leadership positions for students of one religious denomination impairs equal opportunities and denies non-favoured students the opportunity to develop their leadership skills.
Constitutional Law — Justifiable Limitations on Rights — Test for Justification
For a limitation on a fundamental right to be justifiable under Article 43 of the Constitution, the legislative objective must be sufficiently important to warrant overriding the right, the measure must be rationally connected to the objective and not arbitrary or unfair, and the means used must be no more than necessary to accomplish the objective.
Human Rights — Positive Discrimination — Requirements for Validity
Discrimination cannot be justified as positive discrimination where it is motivated by prejudice against a disfavoured group, where there is no evidence that the favoured group previously faced discrimination or disadvantage requiring remediation, and where the discriminatory criterion is not shown to be relevant and necessary for performance of the functions of the restricted positions.
Constitutional Law — Supremacy of the Constitution — Inconsistent Laws and Customs
Under Article 2 of the Constitution, any law or custom that is inconsistent with the Constitution is void to the extent of the inconsistency, and provisions of a private institution's constitution that violate constitutional guarantees of equality and non-discrimination are of no legal effect.
Administrative Law — Private Educational Institutions — Compliance with National Standards
Private universities and religious bodies operating educational institutions must comply with the general educational policy of Uganda and maintain national standards, which do not condone discrimination, notwithstanding their religious character or founding philosophy.

Legislation cited (24)

Cases cited (3)

  • Dimanche Sharon and Two Others v Makerere University (Constitutional Case No. 1 of 2003)
  • Charles Onyango Obbo and Another v Attorney General (Constitutional Appeal No. 2 of 2002)
  • Ayikoru Gladys v Board of Governors of St. Mary's Ediofe S.S. (Civil Suit No. 26 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Bwengye v Bishop Stuart University (EOC CR 20 of 2018) [2018] UGEOC 1 (18 July 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.