Wakilii

Uganda Management Institute Governing Council and Another (Civil Appeal 97 of 2013)

Court of Appeal · [2022] UGCA 324 · 2022 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First appeal from a High Court decision on an application for judicial review
Decision
Appeal substantially succeeded; declaration that a PhD is not a mandatory requirement for UMI Directors, but the quashing of the Director Programs and Student Affairs renewal was sustained on grounds of procedural irregularity

Observed later treatment

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Holding

The Court of Appeal held that a PhD is not designated as a mandatory qualification for the appointment or renewal of contracts of UMI Directors per se, though it is advisable for a Director responsible for academic affairs. The trial court erred in requiring a PhD for the Director of Finance and Administration. However, the Director of Programs and Student Affairs was an academic position, and renewing that appointment for a candidate lacking a PhD, without the competitive recruitment prescribed in the UMI Frameworks and Procedures, was procedurally irregular though not illegal. The appeal substantially succeeded, but the certiorari quashing the DPSA renewal was sustained.

Outcome

Appeal substantially succeeded; declaration that a PhD is not a mandatory requirement for UMI Directors, but the quashing of the Director Programs and Student Affairs renewal was sustained on grounds of procedural irregularity

Facts

In 2007 and 2008, Messrs. Lukonji Bbosa and Kasozi Mulindwa were appointed as Director of Finance and Administration and Director of Programs and Students Affairs respectively at Uganda Management Institute (UMI). Their contracts were renewed by the UMI Governing Council on 16th December 2011. Dr. Benon Basheka, a Senior Lecturer and Head of Higher Degrees Department at UMI, challenged the renewals by judicial review, contending they contravened the UMI Frameworks and Procedures promulgated in September 2011, which required a Search Committee, advertisement and interviews. He argued a PhD was a required qualification, relying on the NCHE Quality Assurance Framework and the Principal Act's provisions on Heads of Department. The Appellants contended the PhD requirement applied only to academic staff, that Directors were equivalent to Deputy Vice Chancellors appointed by Council, and that the matters in issue were renewals not fresh appointments. The trial court allowed the application, granting a declaration of illegality and certiorari quashing the appointments. The Appellants appealed.

Issues

  1. Whether a PhD was a mandatory requirement for the appointment and renewal of the contracts of the Directors of Uganda Management Institute.
  2. Whether the renewal of the Directors' contracts, made under the UMI Frameworks and Procedures, was irregular or illegal.
  3. Whether the trial court was entitled to consider matters relating to the initial appointments of the Directors that were not the subject of the application.

Orders

  • A declaration issues that the renewal of Mr. Kasozi Mulindwa's appointment as Director Programs and Student Affairs by the First Appellant on 16th December 2011 was irrational and irregular, and ought to be quashed.
  • An order of certiorari issues to call and quash the irregular appointment and Minutes of the First Respondent in which the said appointment was made.
  • An award of 60% of the costs in this Court and the trial court is granted to the Appellants.

Rules and key headnotes

Public Institutions — Qualifications for Office — Absence of Statutory PhD Requirement for UMI Directors
Where the Principal Act, the institutional Frameworks and Procedures, and the applicable quality assurance framework are all silent on the minimum qualifications of a Director of a tertiary institution, a court cannot impose a PhD as a mandatory basic requirement for that office.
Purposive and Literal Interpretation — Contract Renewals Under a New Regulatory Framework
In the absence of unambiguous provisions requiring fresh appointments, a running contract made under a prior employment regime may be renewed under a subsequently promulgated framework; a court will not impute a requirement for fresh appointment where the framework is silent.
Procedural Impropriety — Failure to Follow Prescribed Recruitment Procedure for an Academic Post
Renewing an appointment to an academic position without following the competitive recruitment process prescribed in an institution's frameworks and procedures constitutes a procedural irregularity warranting certiorari, even where the appointee's lack of a formal qualification does not render the appointment illegal.
Scope of Application — Matters in Affidavit Not Expressly Pleaded
Averments in an affidavit supporting an application are not necessarily in issue between the parties unless expressly designated in the application itself; matters relating to earlier appointments not raised in the notice of motion merely provide useful background.
First Appeal — Duty to Re-evaluate Evidence and Draw Own Inferences
On a first appeal the appellate court must subject the evidence to fresh judicial scrutiny and draw its own conclusions, but should interfere with the lower court's findings only where an error has occasioned a miscarriage of justice.

Legislation cited (12)

  • Universities and Other Tertiary Institutions Act 2001 s.31
  • Universities and Other Tertiary Institutions Act 2001 s.32(1)
  • Universities and Other Tertiary Institutions Act 2001 s.32(2)
  • Universities and Other Tertiary Institutions Act 2001 s.51(1)
  • Universities and Other Tertiary Institutions Act 2001 s.51(2)
  • Universities and Other Tertiary Institutions Act 2001 s.53(1)
  • Universities and Other Tertiary Institutions Act 2001 s.54(1)
  • Universities and Other Tertiary Institutions Act 2001 s.54(3)
  • Universities and Other Tertiary Institutions (Amendment) Act 2006 s.13
  • Universities and Other Tertiary Institutions (Amendment) Act 2006 s.19
  • Judicature (Court of Appeal Rules) Directions SI 13-10 r.30(1)(a)
  • Civil Procedure Act s.27(2)

Cases cited (3)

  • Henry Kifamunte v Uganda (Criminal Appeal No. 10 of 1997)
  • Banco Arab Espanol v Bank of Uganda (Civil Appeal No. 8 of 1998)
  • Goustar Enterprise Ltd v John Kokas Oumo (Civil Appeal No. 8 of 2003)

Full judgment

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

Uganda Management Institute Governing Council and Another (Civil Appeal 97 of 2013) [2022] UGCA 324 (3 March 2022)
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.