An alumnus of the Islamic University in Uganda (IUIU) has given the university 14 days to rescind the reappointment of Professor Kaziba Abdul Mpaata as Vice Rector for Finance and Administration or face proceedings in the High Court. Abdul Nasser Kyagulanyi, through his lawyers JByamukama & Co. Advocates, argues that Mpaata's reappointment is unlawful and contrary to the Islamic University in Uganda Act.
According to the lawyers, Mpaata has occupied the position continuously for more than 15 years, covering three full five-year terms, and his reappointment for a fourth consecutive term defeats the purpose of the statutory provision allowing a five-year renewable tenure. Section 24(3) of the Act provides for a five-year renewable term, but the provision does not contemplate indefinite tenure.
The lawyers also raise concerns over Mpaata's alleged simultaneous employment at Busitema University, where he is a full-time member of staff. The position of Vice Rector for Finance and Administration is a full-time executive office responsible for the university's finances, human resources, and administration.
Holding the IUIU position while remaining a full-time employee of Busitema University raises questions about the compatibility of the two positions, conflict of interest, and possible double remuneration from public resources. An ad hoc committee was constituted by the IUIU University Council to investigate audit queries relating to Mpaata.
The lawyers argue that allowing Mpaata to remain in office while the audit matters are being investigated compromises the credibility of the inquiry because he allegedly remains in control of records, systems, and staff that could be relevant to the investigation. However, the lawyers clarified that their client was not taking a position on the merits of the audit queries.
The lawyers have demanded that the council convene and rescind Mpaata's reappointment, direct him to step aside pending the lawful filling of the position, and designate a suitably qualified officer to act in the meantime. They have also demanded copies of the council resolutions and minutes relating to Mpaata's appointment and subsequent reappointments.
The notice was copied to the Minister of Education and Sports, the Minister of Foreign Affairs, members of the IUIU University Council, the National Council for Higher Education, the Vice Chancellor of Busitema University, the Rector of IUIU, and Professor Mpaata. Failure to comply within 14 days would prompt the alumnus to institute proceedings in the High Court against IUIU and others.
Key points
- The Islamic University in Uganda Act does not allow for indefinite tenure.
- Mpaata's reappointment raises concerns about conflict of interest and possible double remuneration.
- The alumnus has given the university 14 days to rescind Mpaata's reappointment or face legal action.
