Wakilii

Rev.Dr. Grace Lubaale v Kyambogo University (Miscellaneous Cause No. 223 of 2019)

High Court · [2021] UGHCCD 11 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of a university staff tribunal decision upholding the applicant's redeployment following departmental restructuring
Decision
Application for judicial review dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for judicial review, holding that the university lawfully restructured the Department of Teacher Education and Development Studies into four separate departments, thereby ending the applicant's headship of the original department. The court found that the applicant's redeployment to the Department of Development Studies as acting head was procedurally proper, based on his qualifications, and did not constitute a demotion. The Appointments Board accorded the applicant a fair hearing and acted within its statutory powers under the Universities and Other Tertiary Institutions Act 2001.

Outcome

Application for judicial review dismissed with costs to the respondent

Facts

The applicant was appointed substantive Head of the Department of Teacher Education and Development Studies at Kyambogo University on 18 December 2017 for a four-year term ending 31 March 2022. On 15-16 March 2018, the University Council resolved to restructure the department into four separate departments: Teacher Education and Extensions, Development Studies, Curriculum Teaching Instructions and Media Studies, and Early Childhood Development. On 4 June 2018, the Vice Chancellor appointed the applicant as Acting Head of the newly created Department of Development Studies. The applicant declined the appointment, alleging unlawful removal and demotion. He complained to the Appointments Board, which on 9 January 2019 informed him that his original department had been abolished and his redeployment was in accordance with the Human Resource Manual based on his qualifications in Development Studies. The applicant appealed to the University Staff Tribunal, which dismissed his appeal on 18 July 2019. The applicant then sought judicial review.

Issues

  1. Whether the application is amenable to judicial review?
  2. Whether the Respondent lawfully ended the fixed headship contract of the Applicant?
  3. Whether the Respondent lawfully redeployed the Applicant from the faculty of Education to the faculty of Arts and Social Sciences?

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Judicial Review — Amenability — Time Limits — Universities and Other Tertiary Institutions Act
Under section 57(3) of the Universities and Other Tertiary Institutions Act 2001 (as amended), a member of staff aggrieved by a decision of the University Staff Tribunal may apply to the High Court for judicial review within thirty days from the date of notification of the tribunal's decision.
Judicial Review — Grounds — Illegality, Irrationality, and Procedural Impropriety
To succeed in an application for judicial review, an applicant must demonstrate that the decision or act complained of is tainted with illegality, irrationality, or procedural impropriety. Illegality means the decision-maker failed to understand or give effect to the law regulating the decision-making power. Irrationality means the decision is so outrageous in its defiance of logic or accepted moral standards that no sensible person could have arrived at it. Procedural impropriety includes failure to observe basic rules of natural justice or procedural fairness.
University Employment — Departmental Restructuring — Effect on Fixed-Term Headship Appointments
Where a university council lawfully exercises its statutory power under section 41(e) of the Universities and Other Tertiary Institutions Act 2001 to restructure a department by creating multiple new departments, the original department ceases to exist and a fixed-term appointment as head of that department comes to an end by operation of law, notwithstanding that the contractual term has not expired.
University Employment — Redeployment — Acting Appointments in Newly Established Departments
Under section 54(2) of the Universities and Other Tertiary Institutions Act 2001 (as amended), in the case of a department in the process of being established, the Vice Chancellor has statutory authority to appoint an acting head of that department to hold office for a period of one year, after which the head of department shall be elected by the academic staff.
University Employment — Internal Transfer — Operational and Structural Reasons
Under the Kyambogo University Human Resource Manual, employees may be transferred from one department to another for career development or operational and structural reasons. Such transfers enable the university to deploy employees to areas where they can best contribute based on their qualifications and meet the staffing requirements and changing priorities of the university. A transfer to a department at the same level as the original department does not constitute a demotion.

Legislation cited (18)

Cases cited (8)

  • Namuddu Hanifa v The Returning Officer, Kampala District and 2 Others (Miscellaneous Cause No. 57 of 2006)
  • Yustus Tinkasimire & 18 Others v Attorney General and Dr. Malinga Stephen (Miscellaneous Cause No. 35 of 2012)
  • Nanzari Punjwani - v- Kampala District Land Board
  • Namuddu Hanifa v Returning Officer and 7 Others (High Court Miscellaneous Cause No. 69 of 2006)
  • Council of Civil Service Union v Minister for the Civil Service [1985] AC 410
  • Twinomuhangi Pastoli v Kabale District Local Government Council and 2 Others (High Court Miscellaneous Cause No. 152 of 2006)
  • Koluo Joseph Andres & 2 Others v Attorney General (Miscellaneous Cause No. 106 of 2010)
  • Twinomuhangi -v- Kabale District and Ors. [2006] HCB Vol.1 at page 131

Full judgment

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Rev.Dr. Grace Lubaale v Kyambogo University (Miscellaneous Cause No. 223 of 2019) [2021] UGHCCD 11 (23 March 2021)
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.