No
one saw this coming! When Johney Manzi, a senior six graduate resorted
to the High Court to resolve his admission misunderstandings with
Makerere University, many thought the 19-year-old had no chance.
Manzi filed his application in the High Court a month ago, through his lawyers Oscar Kihika and John Musiime.
He argued that he passed his Advanced Level examinations with the required 19 points and therefore had qualified for Government scholarship, but was left out. The maximum score for A’ level is 20 points.
Justice Yasin Nyanzi, in his ruling last week, ordered Makerere to admit Manzi, as well as pay him the cost of the suit.
In the ruling, the judge said Makerere acted illegally by refusing to admit the student merely on the basis that he had not applied for Law through the Public University Joint Admission Board (PUJAB), a body he ruled was illegal.
The judge said PUJAB was not established by any statutory instrument or an Act of Parliament and therefore, could not be used as a basis for admission.
Because Makerere could not show how PUJAB was created to handle admission of students to the public university and the legal instrument creating it, it was an illegal body for purpose of admission.
Implications of the ruling
The implication is that PUJAB can nolonger admit students as it has been declared illegal.
Oscar Kihika, one of the defence lawyers, says the Universities and Other Tertiary Institutions Act will have to be amended to cater for PUJAB. This is because Section 34 vests admission of students to universities in the academic registrar.
Kihika notes that all the public universities will therefore be issuing their applications to all secondary school and admission independently, unless PUJAB becomes a legal entity.
Peter Walubiri, an advocate of the High Court, says even pre-entry exams is at the moment illegal and should be legalised through an act of Parliament.
“Since court found out that this body (PUJAB) was not set up under any legal instrument, this means that it is susceptible to legal challenge,” Walubiri said
Joseph Matsiko, a lawyer with Kampala Associated Advocates, says while the ruling will not apply retrospectively, there is urgent need to make an amendment that would make the process legal and avoid chances of litigations because other aggrieved individuals with similar complaints might sue for damages.
The Solicitor, General Francis, Atoke says his office will study the ruling before making a decision.
“I cannot comment on this matter because I have not read the ruling. I will study the ruling before making a decision,” Atoke said.
Students lining up to pick admission forms at the Senate Building in Makerere University
He adds that the Government should also create a transparent way of selecting students to join public universities so that every student has an opportunity.
Opuda noted that if it were possible, there should be different ways of admitting students on private and Government scholarships.
The former executive director of NCHE, Prof. Abdu Kasozi, also concurs, saying the Government should put in place a law that allows students to apply directly to public universities.
Amendment of law in offing
The education ministry’s publicist, Patrick Muinda, says Makerere University has notified them that they are preparing an appeal; much as the Solicitor General says he has not had time to look at the ruling.
“However, as a ministry, we do respect the court ruling. We shall stay our action till Makerere’s appeal process is handled,” Muinda explained.
Should Makerere University lose the case again, Muinda says, the ministry is ready to amend the law to have PUJAB legalised.
He says the ministry cannot ignore PUJAB’s legality, because it has helped Government save so much money over years, which would have been wasted through multiple process of application by every public university.
“There is a central admissions process because of PUJAB, and students do not have to apply to every public university for Government scholarships.”
Who is Manzi?
He entered his lawyers’ offices, holding two phones and a notebook. He stopped and looked around, his face lit up like that of a child expecting a gift on a birthday morning.
Johney Manzi was unwilling to share his delight over winning a landmark case in which he sued Makerere University for refusing to admit him to study law on Government scholarship.
As we sat at a huge table in his lawyers’ spacious library, with its shelves lined with law books, the youthful Manzi sat, absorbed in text messages. He hardly kept eye contact.
He answered questions with a shrug, claiming not to know why he did not apply for law through PUJAB – the Public Universities Joint Admissions Board. But conscientiously, he consulted his notebook for answers.
After persuasion, he takes a deep breath, like an athlete before a race, and agreed and says: “Yes, I was told the Public Universities Joint Admissions Board forms were not necessary because for the law course, you only need to pass the pre-entry exams.”
While studying at St. Mary’s College Kisubi, Manzi dreamt about becoming a commercial lawyer.
As a young boy, he did not know about the law course, but knew something about engineering. He got beatings for dismantling his father’s radio sets in an attempt to demonstrate how engineers work.
His burning desire to become a lawyer came back to light at the end of July last year, when he caused his father, John Baptist Byaruhanga, a city businessman, to wander around the city, looking for a lawyer to defend him in court. Reason? He had held negotiations with Makerere University to secure a Government scholarship to study Bachelors of Law, but they did not reach an agreement.
One of his lawyers, John Musiime, says: “When Byaruhanga asked me to pursue this case, my first option was to talk to the university to resolve the issue, but the institution declined. When I studied the case, I saw that it was amenable and filed for a judicial review in the High Court.”
Born to Byaruhanga and Christine Nampuuga, 19-year-old Manzi went to Mugwanya Preparatory School, Kabojja, St. Mary’s College, Kisubi and Naalya SS – Namugongo. He got aggregate 9 in the Primary Leaving Examinations, aggregate 26 in eight subjects and 19 points in the Uganda Advanced Certificate of Education (UACE).
Abubaker Kikomeko, Manzi’s former head teacher at Naalya SS, in his recommendation letter, says he is a highly committed and disciplined student. His lawyer said Manzi is someone who listens to advice.
Throughout the court hearing, he attended the proceedings in the company of his father. While the ruling was being delivered, Manzi and Byaruhanga’s face fell as the court dismissed four grounds, only for them to smile again after the win on one count, which was indeed the turning point.
How students are admitted to public universities
The higher education admissions process takes place in two stages. First, all students who wish to be considered for admission under government sponsorship to public universities fill out the PUJAB application form and rank their top six choices of degree programmes at public universities and four choices of diploma programmes at other public tertiary institutions.
Public University Joint Admission is applicable to five public pniversities in Uganda; Makerere, Mbarara, Kyambogo, Gulu, Muni and Busitema.
The application form for admission to all public tertiary education Institutions is filled by senior six leavers who wish to be considered for admission under Government sponsorship to the public universities and to other tertiary education Institutions.
The minimum qualification for entry into Makerere and other public universities is two principal passes obtained at the same UACE sitting. However, to get Government scholarship, students need to be outstanding.
Affirmative action policies, which add additional 1.5-4 points to a student’s scores, are in place for women, applicants with disabilities and talented athletes.
Students who miss out on Government scholarships have the option of self-sponsorship. Public universities usually advertise for private admissions.
About 90% of the student population in public universities is privately sponsored. Due to the limited places, the private admission is also merit-based — only the best performing students are admitted. It is therefore, not automatic that when one obtains the minimum qualification of two principal passes, he/she will be admitted.
Pre-entry exams introduced
In 2011, Makerere introduced pre-entry examinations which students joining law must pass before they are considered for PUJAB.
All the other courses do not require pre-entry examinations. Makerere followed in the footsteps of Uganda Christian University, Mukono, which started conducting pre-entry examinations for law students in 2009.
The then Makerere University dean at the school of law, Prof. Ben Twinomugisha, said pre-entry examinations became inevitable following concerns of declining quality of law graduates much as they admitted top A’ Level performers.
Some dons at the school also believed that many undergraduates were not academically prepared for the law course.
Makerere’s take
Court, however, agreed with Makerere University lawyer, Pope Ahimbisibwe that there was no promise made to Manzi that he would be automatically admitted when he was allowed to pay and sit for the pre-entry exams, because admission was both for Government-sponsored and privately-sponsored students.
The court also ruled that Manzi did not have any legitimate expectations to be admitted on Government scholarship, basing on only pre-entry examinations; therefore the university could not be found guilty.
The judge said there was no irrationality on the part of the university not to admit Manzi to study law.
Ahimbisibwe said he was waiting for the copy of the ruling and, together with the university and other stakeholders, would review it to determine the appropriate course of action.
The university vice-chancellor, Prof. John Ddumba-Ssentamu, said he would discuss with the university’s legal team on the prospects of lodging an appeal.
He, however, insisted that Manzi did not apply for the Bachelor of Laws degree on Government sponsorship.
“I’m wondering what really happened. I am not questioning the wisdom of the judge. We are instructing our lawyers to appeal. The most important issue is that the student did not apply for the course,” Ddumba said.
Manzi filed his application in the High Court a month ago, through his lawyers Oscar Kihika and John Musiime.
He argued that he passed his Advanced Level examinations with the required 19 points and therefore had qualified for Government scholarship, but was left out. The maximum score for A’ level is 20 points.
Justice Yasin Nyanzi, in his ruling last week, ordered Makerere to admit Manzi, as well as pay him the cost of the suit.
In the ruling, the judge said Makerere acted illegally by refusing to admit the student merely on the basis that he had not applied for Law through the Public University Joint Admission Board (PUJAB), a body he ruled was illegal.
The judge said PUJAB was not established by any statutory instrument or an Act of Parliament and therefore, could not be used as a basis for admission.
Because Makerere could not show how PUJAB was created to handle admission of students to the public university and the legal instrument creating it, it was an illegal body for purpose of admission.
Implications of the ruling
The implication is that PUJAB can nolonger admit students as it has been declared illegal.
Oscar Kihika, one of the defence lawyers, says the Universities and Other Tertiary Institutions Act will have to be amended to cater for PUJAB. This is because Section 34 vests admission of students to universities in the academic registrar.
Kihika notes that all the public universities will therefore be issuing their applications to all secondary school and admission independently, unless PUJAB becomes a legal entity.
Peter Walubiri, an advocate of the High Court, says even pre-entry exams is at the moment illegal and should be legalised through an act of Parliament.
“Since court found out that this body (PUJAB) was not set up under any legal instrument, this means that it is susceptible to legal challenge,” Walubiri said
Joseph Matsiko, a lawyer with Kampala Associated Advocates, says while the ruling will not apply retrospectively, there is urgent need to make an amendment that would make the process legal and avoid chances of litigations because other aggrieved individuals with similar complaints might sue for damages.
The Solicitor, General Francis, Atoke says his office will study the ruling before making a decision.
“I cannot comment on this matter because I have not read the ruling. I will study the ruling before making a decision,” Atoke said.
Students lining up to pick admission forms at the Senate Building in Makerere University
Makerere should respect court — NHCE
The National Council for Higher Education executive director, Prof.
John Opuda-Asibo, says the court decision about PUJAB should be
respected and the Government needs to come up with means to rectify the
issues that were raised.He adds that the Government should also create a transparent way of selecting students to join public universities so that every student has an opportunity.
Opuda noted that if it were possible, there should be different ways of admitting students on private and Government scholarships.
The former executive director of NCHE, Prof. Abdu Kasozi, also concurs, saying the Government should put in place a law that allows students to apply directly to public universities.
Amendment of law in offing
The education ministry’s publicist, Patrick Muinda, says Makerere University has notified them that they are preparing an appeal; much as the Solicitor General says he has not had time to look at the ruling.
“However, as a ministry, we do respect the court ruling. We shall stay our action till Makerere’s appeal process is handled,” Muinda explained.
Should Makerere University lose the case again, Muinda says, the ministry is ready to amend the law to have PUJAB legalised.
He says the ministry cannot ignore PUJAB’s legality, because it has helped Government save so much money over years, which would have been wasted through multiple process of application by every public university.
“There is a central admissions process because of PUJAB, and students do not have to apply to every public university for Government scholarships.”
Who is Manzi?He entered his lawyers’ offices, holding two phones and a notebook. He stopped and looked around, his face lit up like that of a child expecting a gift on a birthday morning.
Johney Manzi was unwilling to share his delight over winning a landmark case in which he sued Makerere University for refusing to admit him to study law on Government scholarship.
As we sat at a huge table in his lawyers’ spacious library, with its shelves lined with law books, the youthful Manzi sat, absorbed in text messages. He hardly kept eye contact.
He answered questions with a shrug, claiming not to know why he did not apply for law through PUJAB – the Public Universities Joint Admissions Board. But conscientiously, he consulted his notebook for answers.
After persuasion, he takes a deep breath, like an athlete before a race, and agreed and says: “Yes, I was told the Public Universities Joint Admissions Board forms were not necessary because for the law course, you only need to pass the pre-entry exams.”
While studying at St. Mary’s College Kisubi, Manzi dreamt about becoming a commercial lawyer.
As a young boy, he did not know about the law course, but knew something about engineering. He got beatings for dismantling his father’s radio sets in an attempt to demonstrate how engineers work.
His burning desire to become a lawyer came back to light at the end of July last year, when he caused his father, John Baptist Byaruhanga, a city businessman, to wander around the city, looking for a lawyer to defend him in court. Reason? He had held negotiations with Makerere University to secure a Government scholarship to study Bachelors of Law, but they did not reach an agreement.
One of his lawyers, John Musiime, says: “When Byaruhanga asked me to pursue this case, my first option was to talk to the university to resolve the issue, but the institution declined. When I studied the case, I saw that it was amenable and filed for a judicial review in the High Court.”
Born to Byaruhanga and Christine Nampuuga, 19-year-old Manzi went to Mugwanya Preparatory School, Kabojja, St. Mary’s College, Kisubi and Naalya SS – Namugongo. He got aggregate 9 in the Primary Leaving Examinations, aggregate 26 in eight subjects and 19 points in the Uganda Advanced Certificate of Education (UACE).
Abubaker Kikomeko, Manzi’s former head teacher at Naalya SS, in his recommendation letter, says he is a highly committed and disciplined student. His lawyer said Manzi is someone who listens to advice.
Throughout the court hearing, he attended the proceedings in the company of his father. While the ruling was being delivered, Manzi and Byaruhanga’s face fell as the court dismissed four grounds, only for them to smile again after the win on one count, which was indeed the turning point.
How students are admitted to public universities
The higher education admissions process takes place in two stages. First, all students who wish to be considered for admission under government sponsorship to public universities fill out the PUJAB application form and rank their top six choices of degree programmes at public universities and four choices of diploma programmes at other public tertiary institutions.
Public University Joint Admission is applicable to five public pniversities in Uganda; Makerere, Mbarara, Kyambogo, Gulu, Muni and Busitema.
The application form for admission to all public tertiary education Institutions is filled by senior six leavers who wish to be considered for admission under Government sponsorship to the public universities and to other tertiary education Institutions.
The minimum qualification for entry into Makerere and other public universities is two principal passes obtained at the same UACE sitting. However, to get Government scholarship, students need to be outstanding.
Affirmative action policies, which add additional 1.5-4 points to a student’s scores, are in place for women, applicants with disabilities and talented athletes.
Students who miss out on Government scholarships have the option of self-sponsorship. Public universities usually advertise for private admissions.
About 90% of the student population in public universities is privately sponsored. Due to the limited places, the private admission is also merit-based — only the best performing students are admitted. It is therefore, not automatic that when one obtains the minimum qualification of two principal passes, he/she will be admitted.
Pre-entry exams introduced
In 2011, Makerere introduced pre-entry examinations which students joining law must pass before they are considered for PUJAB.
All the other courses do not require pre-entry examinations. Makerere followed in the footsteps of Uganda Christian University, Mukono, which started conducting pre-entry examinations for law students in 2009.
The then Makerere University dean at the school of law, Prof. Ben Twinomugisha, said pre-entry examinations became inevitable following concerns of declining quality of law graduates much as they admitted top A’ Level performers.
Some dons at the school also believed that many undergraduates were not academically prepared for the law course.
Makerere’s takeCourt, however, agreed with Makerere University lawyer, Pope Ahimbisibwe that there was no promise made to Manzi that he would be automatically admitted when he was allowed to pay and sit for the pre-entry exams, because admission was both for Government-sponsored and privately-sponsored students.
The court also ruled that Manzi did not have any legitimate expectations to be admitted on Government scholarship, basing on only pre-entry examinations; therefore the university could not be found guilty.
The judge said there was no irrationality on the part of the university not to admit Manzi to study law.
Ahimbisibwe said he was waiting for the copy of the ruling and, together with the university and other stakeholders, would review it to determine the appropriate course of action.
The university vice-chancellor, Prof. John Ddumba-Ssentamu, said he would discuss with the university’s legal team on the prospects of lodging an appeal.
He, however, insisted that Manzi did not apply for the Bachelor of Laws degree on Government sponsorship.
“I’m wondering what really happened. I am not questioning the wisdom of the judge. We are instructing our lawyers to appeal. The most important issue is that the student did not apply for the course,” Ddumba said.
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