Wakilii

Muhwezi & 3 Others v Makerere University Council & 2 Others (Miscellaneous Cause 198 of 2022)

High Court · [2024] UGHCCD 61 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging suspension of student guild elections and related administrative decisions
Decision
Application for judicial review dismissed; all relief sought by the applicants refused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the judicial review application challenging the suspension of student guild elections and related activities at Makerere University. The court held that the University Council Chairperson acted lawfully in suspending guild activities following a student death during campaigns under emergency powers, that the emergency meeting ratifying the suspension was properly convened, and that the subsequent constitutional review process involving student participation was within the Council's statutory mandate under the Universities and Other Tertiary Institutions Act. The court further held that the suspension of a student leader for contravening the suspension directive was justified.

Outcome

Application for judicial review dismissed; all relief sought by the applicants refused

Facts

Four students at Makerere University challenged the suspension of the 88th Students Guild elections and related guild structures following the death of a Uganda Christian University student during election campaigns on 14 July 2022. The Chairperson of Makerere University Council immediately suspended the elections, the Students Guild, Caretaker Government and Senior Common Room. An emergency Council meeting on 15 July 2022 ratified this decision and established a Select Committee to review guild operations and the Guild Constitution. The Council subsequently established a Constitutional Review Commission elected by students between 26-30 August 2022. The applicants claimed these actions were unlawful, procedurally improper and violated natural justice principles. The Vice Chancellor also suspended a student leader, Namwoza Sulaiman, for organizing meetings in contravention of the suspension directive.

Issues

  1. Whether the suspension of the 88th Students' Guild Elections, Students' Guild, Caretaker Government and Senior Common Room by the 1st Respondent's agents and the 2nd Respondent was lawful.
  2. Whether the actions of the 1st Respondent's agents and the 3rd Respondent to suspend Namwoza Sulaiman, the speaker for Lumumba Hall from the University was lawful.
  3. Whether the actions and process of reviewing and amending the Makerere University student's guild constitution by the Respondent's and/or their agents without involving the student's community was lawful.
  4. Whether the proceedings, reports, recommendations and/or resolutions by the Respondents to amend the Makerere University Student's Guild Constitution were lawful.
  5. Whether the act of calling, holding emergency meetings, meetings, passing resolutions and implementing them by the Respondents and/or their agents without involving the students' leadership or community was lawful.

Orders

  • Application dismissed from court with costs.

Rules and key headnotes

Judicial Review — Locus Standi — Corporate Personality — Universities and Statutory Bodies
Under the Universities and Other Tertiary Institutions Act 2001, it is the University established under section 22 that has corporate personality with capacity to sue and be sued, not the University Council which is an administrative organ of the University. The University Council cannot be sued in its own name as it lacks corporate status under the Act.
Judicial Review — Amenability — Public Bodies — Supervisory Jurisdiction
A university council is amenable to judicial review as it exercises public powers and is charged with the performance of public acts and duties, falling within the supervisory jurisdiction of the High Court over persons who carry out quasi-judicial functions or who are charged with the performance of public acts and duties.
Judicial Review — Emergency Powers — Decisions in Extraordinary Circumstances — Ratification
Where a statute or charter provides for decisions to be made in extraordinary circumstances by a chairperson acting on behalf of a council, such decisions are lawful provided they are ratified by the full council at the earliest opportunity. The emergency decision-making power allows immediate action to prevent urgent harm pending proper council consideration.
Judicial Review — Illegality — Powers of University Council — Student Welfare and Discipline
A university council acting under statutory powers to provide for the welfare and discipline of students, formulate general policy, and take all necessary decisions conducive to the fulfilment of the university's objects does not act illegally when it suspends student guild activities following a security incident and establishes a constitutional review process involving student participation.
Judicial Review — Irrationality — Reasonableness — Suspension of Activities to Prevent Violence
A decision by a university authority to suspend student electoral activities following a student death during campaigns, in circumstances where the atmosphere was tense and revenge attacks were likely, is rational and reasonable. No reasonable authority addressing itself to the facts would fail to take measures to prevent further bloodshed.
Judicial Review — Procedural Impropriety — Locus Standi — Proof of Rights Violated
To succeed on a ground of procedural impropriety in judicial review, an applicant must demonstrate that he had a specific right that was violated by the decision of the authority. Mere status as a member of an affected class is insufficient without showing that the applicant's personal rights were infringed.

Legislation cited (26)

  • Constitution of Uganda 1995 Article 42
  • Judicature Act s.36(1)
  • Judicature Act s.37
  • Judicature Act s.38
  • Judicature (Judicial Review) Rules 2009 Rule 3(1)(a)
  • Judicature (Judicial Review) Rules 2009 Rule 6(1)
  • Judicature (Judicial Review) (Amendment) Rules 2019 Rule 3
  • Judicature (Judicial Review) (Amendment) Rules 2019 Rule 7A(1)
  • Universities and Other Tertiary Institutions Act 2001 s.23(1)
  • Universities and Other Tertiary Institutions Act 2001 s.38
  • Universities and Other Tertiary Institutions Act 2001 s.38(1)
  • Universities and Other Tertiary Institutions Act 2001 s.39
  • Universities and Other Tertiary Institutions Act 2001 s.40
  • Universities and Other Tertiary Institutions Act 2001 s.40(1)
  • Universities and Other Tertiary Institutions Act 2001 s.40(2)
  • Universities and Other Tertiary Institutions Act 2001 s.40(2)(a)
  • Universities and Other Tertiary Institutions Act 2001 s.40(2)(b)
  • Universities and Other Tertiary Institutions Act 2001 s.40(2)(c)
  • Universities and Other Tertiary Institutions Act 2001 s.40(2)(d)
  • Universities and Other Tertiary Institutions Act 2001 s.41
  • Universities and Other Tertiary Institutions Act 2001 s.41(a)
  • Universities and Other Tertiary Institutions Act 2001 s.41(f)
  • Universities and Other Tertiary Institutions Act 2001 s.42
  • Universities and Other Tertiary Institutions Act 2001 s.42(3)
  • Universities and Other Tertiary Institutions Act 2001 s.69
  • Makerere University Council Charter 2019 s.42

Cases cited (9)

  • John Jet Tumwebaze v Makerere University Council & 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Commissioner of Land v Kunste Hotel Ltd [1995-1998] 1 EA (CAK)
  • Catherine Kanabahita v Makerere University & 2 Others (Miscellaneous Cause No. 92 of 2014)
  • Kassibo Joshua v Commissioner of Customs Uganda Revenue Authority (High Court Miscellaneous Cause No. 44 of 2002)
  • Twinomuhangi v Kabale District & Ors (2006) HCB Vol. 1 page 131
  • Pastoli v Kabale District Local Government Council and Others [2008] 2 EA 300
  • Ojangole Patricia & 4 Others v Attorney General (Miscellaneous Cause No. 303 of 2013)

Full judgment

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

Muhwezi & 3 Others v Makerere University Council & 2 Others (Miscellaneous Cause 198 of 2022) [2024] UGHCCD 61 (19 April 2024)
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.