Makerere University has initiated legal proceedings against its own Tribunal following its decision to reinstate Dr. Malowa Davis Ndanyi as the Director of Human Resources. The University is seeking a declaration that the Tribunal’s decision was irrational, illegal, unjustified, and unreasonable, asserting that the Tribunal lacks the authority to appoint or confirm employees in the University’s service. This legal battle highlights internal disputes and raises concerns about the University’s adherence to its established rules and procedures.
The controversy originated in 2021 when Dr. Malowa was hired as the Director of Human Resources for a six-month probationary period. Failing to meet the Appointments Board’s expectations, he reportedly signed a consent agreement to extend his probation. However, in May 2022, the Board terminated his probationary contract, prompting Dr. Malowa to appeal before the Staff Tribunal.
Makerere University contends that the Tribunal conducted proceedings without established rules of procedure and made decisions without due regard for the University’s rights. An interim order from the Tribunal prevented the University from advertising the Director of Human Resources position, and its subsequent ruling on March 1, 2023, set aside the termination, directing Dr. Malowa’s reinstatement with salary arrears.
In response, Makerere University argues that it has the prerogative to terminate an employee on probation with or without reason, and the Tribunal’s order to confirm Dr. Malowa’s service encroached upon the Appointments Board’s jurisdiction. The University aims to have the Tribunal’s decision nullified.
This legal action contributes to Makerere University’s ongoing challenges, with previous court disputes involving staff contract terminations. The case is pending a hearing, shedding light on broader issues within the institution’s internal processes and governance.
