Makerere University has initiated legal proceedings against its own Tribunal after it ordered the reinstatement of 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. They also argue that the Tribunal has no powers to appoint or confirm employees in the service of the University. The case highlights internal disputes and raises questions about the University’s adherence to its rules and procedures.
The issue began in 2021 when Dr. Malowa was recruited as the Director of Human Resources for a six-month probationary period. Allegedly failing to satisfy the Appointments Board with his performance, he signed a consent agreement to extend his probation. The Board terminated his probationary contract in May 2022, leading to Dr. Malowa’s 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. The Tribunal’s interim order prevented the University from advertising the post of Director of Human Resources, and its subsequent ruling on March 1, 2023, set aside the termination, ordering Dr. Malowa’s reinstatement with salary arrears.
In response, Makerere University argues that it has the right to terminate an employee on probation with or without reason, and the Tribunal’s order to confirm Dr. Malowa’s service usurped the role of the Appointments Board. The University seeks to have the decision quashed.
This legal action adds to Makerere University’s history of facing court challenges from its staff over contract terminations. The case is yet to be heard, and it reflects broader issues within the institution’s internal processes and governance.
