General
Professor Oloka-Onyango delivers inaugural lecture on GHOSTS AND THE LAW
On 12th November 2015, the Vice Chancellor awarded Prof. Joe Oloka-Onyango a plaque and certificate in commemoration of his fundamental duty as a full Professor of Makerere University.
Prof. Joe Oloka-Onyango gave an inaugural lecture titled, Ghosts and the Law, in which he revealed that the Ugandan law has long been haunted by ghosts, which take on varied shapes and sizes as the Common law itself. He nevertheless remained hopeful that one day, Public Interest Litigation (PIL) will eventually triumph, leading to reconciliation between the two ghosts; one backward-looking in support of extra-constitutional overthrow of government, and another which aspires for the protection of fundamental human rights, with the hope that the good one will prevail over her evil sibling.
“As we celebrate 20 years of the 1995 Constitution and approach the 50th anniversary of the decision in the case, it is the most appropriate time to look back and consider which of the ‘twins’ of the ‘Ghost of ex parte Matovu’ has been most successful in influencing the Ugandan body politic. What does the future portend for the life of these fraternal twins?”
The drums sounded as the Vice Chancellor’s procession comprising the Deputy Vice Chancellor Academic Affairs, Ag. Principal-School of Law and academicians clad in gowns, led Prof. Joe Oloka-Onyango to the Main Hall, amidst a colourful performance from the Mak Department of Performing Arts and Film.
The Vice Chancellor of Makerere University, Prof. John Ddumba-Ssentamu welcomed the audience comprising invited guests, the family of Prof. Joe Oloka-Onyango, intellectuals/scholars, staff, students, the legal fraternity and well-wishers to the Joe Oloka-Onyango inaugural lecture. He thanked the audience that filled the Main Hall to full capacity for braving the heavy rains.
The Vice Chancellor highlighted that Inaugural lectures are a central part of the University’s academic life. “These events are held to commemorate the inaugural lecturer's appointment to full professorship. Today’s inaugural lecture provides a platform for the academic (Prof. Oloka-Onyango) to present the body of research that he has been focusing on during his career,” said Prof. Ddumba-Ssentamu.
The Acting Principal-School of Law, Dr. Damalie Naggita Musoke officially introduced Professor Joe Oloka Onyango to the audience. Prof. Oloka-Onyango’s credentials speak of a distinguished career in the Law profession as an academic. He has served the School of Law Makerere University as a Dean in the then Faculty of Law as well as Director of the Human Rights and Peace Centre. He is also an active litigant and human right activist and has served as a Special Rapporteur on Globalization and Human Rights of the United Nations. He has been a visiting Professor at a number of Universities that include the University of Cape Town, Oxford and United Nations University in Tokyo.
He spent his sabbatical 2014/2015 as a Full Bright Professor at George Washington University in the USA and Fellow at the Stellenbosch Institute of Advanced Studies (STIAS) in South Africa.
Professor Oloka Onyango is widely published and some of his most recent publications include; Battling over Human Rights: Twenty Essays on Law, Politics and Governance (Laanga Publishing, 2015); When Courts Do Politics (Cornell University, Debating Love, Politics and Identity in East Africa: The Case of Kenya an d Uganda among others.
With such an admirable profile, Prof. Joe Oloka-Onyango clad in full academic regalia energetically moved from the high table to the Podium to address the captivated audience. Professor Oloka-Onyango paid tribute to his late father, Bernard Onyango who always emphasized that one is proven a Professor only after delivering an inaugural lecture. Prof. Oloka-Onyango acknowledged his parents for setting the standard for excellence in all spheres of life very high. His mother, Mrs. Lucy Onyango attended the inaugural lecture. He also appreciated the constant inspirational support of his wife, Professor Sylvia Tamale, Children Kwame Sobukwe Ayepa and Samora Okech Sanga and his in-laws from the Nkima Clan.
During his presentation on the Ghosts and the Law, Professor Oloka-Onyango explained the various instances when the Law is inflicted with ghostly situations quoting the case of ex parte Matovu as illustrated in the case Uganda v. Commissioner of Prisons, ex parte Matovu, whose case will make 50 years in 2017. He said although dead, ex parte Matovu is still a domineering presence in the law, with effects being felt in all branches of study or practice. He explored the relationship between the law, politics and society and the impact that connection has on the protection of Human Rights, specifically constitutionalism.
In his presentation, Professor Oloka-Onyango explored situations how we get ghosts in the Law, the Political question Doctrine and how it contrasts with Public interest Litigation as a form of change-oriented and socially-conscious lawyering. He said the legislature has continued to concentrate on the Political Question Doctrine and in this way deny the populace their economic, social and cultural rights.
Emphasizing the need to do away with the Ghosts in the Law, Prof. Oloka-Onyango shared powerful quote from Okot p’Bitek, Song of Lawino:
“ The smell of carbolic soap;
Makes me sick;
And the smell of powder
Provokes the ghosts in my head;
It is necessary to fetch a goat;
From my mother’s brother;
The sacrifice over;
The ghost-dance drum must sound;
The ghost be laid;
And my peace restored.”
Prof. Oloka-Onyango mentioned particular cases that further enlightened the audience on how Ugandan law has long been haunted by ghosts.
“All these are the ‘Ghosts of History Past, Present and Future.’ In the arena of Constitutional Law and governance the ghost appears in the form of the Political Question Doctrine (PQD), a concept most associated with the 1966 High Court decision, Uganda v. Commissioner of Prisons, ex parte Matovu,” he said.
“But as with all spiritual beings—such as the Roman God, Janus—there are two sides to the case. In other words, there are not just one but (at least) two ghosts of ex parte Matovu. There is the backward-looking one which supported the extra-constitutional overthrow of government in 1966 and paved the way for military dictatorship, judicial restraint and conservatism. And in the same case, there is its reverse which “jettisoned formalism” to the winds, overruled legal “technicalities,” and underlined the need for the protection of fundamental human rights. The jettisoning formalism decision eventually opened the way to a robust and growing industry of Public Interest Litigation (PIL) in Uganda.”
Fortunately, Prof. Oloka-Onyango provided hope to Ugandans and the world at large when he pointed out that the “good ghost” fought back taking on the form of Public Interest Litigation (PIL) and the quest for democratic constitutionalism.
He shared with the audience the battle between the Political Question Doctrine and Public Interest Litigation that mainly centres around the status of economics, Social and Cultural Rights (ESCRs) and on other issues in which the Judiciary is too timid to directly confront the Executive and Parliament.
“That battle brings the two ghosts of ex parte Matovu into head-on collision, i.e. The one which allows the government to escape all its obligations to ensure that human rights are respected, and the other which underlines the point that the obligation to respect, protect and fulfil human rights also attaches the State,” he said.
Ending his presentation, Prof. Oloka-Onyango remained hopeful that Public Interest Litigation will one day triumph.
“Hopefully, in this battle over destiny, Public Interest Litigation will eventually triumph. That should lead to reconciliation between the two ghosts with the good one of them prevailing over her evil sibling,” he remarked.
Still basking in the spotlight of this academic milestone, Prof. Oloka-Onyango commended the personalities who inspired him to become an academic. He acknowledged Frederick Jjuuko, Deogratius Mabirizi, the Late Richard Kiwanuka (RIP) and George Okoth Obbo who interested him in academic teaching and research.
He made mention of his classmates that included Kenneth Kakuru (now Court of Appeal Justice), Richard Musajja Karyegesa, the late Patrick Karegeya and Donald Nyakairu whom he described as his first intellectual co-travelers.
Commenting on the inaugural lecture presentation, the Vice Chancellor of Makerere University, Professor John Ddumba-Ssentamu agreed with Prof. Oloka-Onyango that we indeed had ghosts in the law.
Prof. Ddumba-Ssentamu noted that the lecture provided an in-depth exploration of the doctrine of the Separation of Powers that is the relationship between the three arms of government, namely, the Executive (the President and Cabinet), the Legislature, and the Judiciary. He observed that Prof. Oloka-Onyango’s study calls for particular attention to the courts of law and their obligations when faced with issues to do with the protection of human rights.
Prof. Ddumba-Ssentamu upheld the fact that the Constitution is the most important legal document of the very many laws, regulations and statutes that we have in Uganda. Thus Prof. Onyango’s lecture underscored the important place in which Constitutional Law should be placed when considering matters to do with governance, human rights and the improved social well-being of Ugandan society.
“I take this opportunity to thank Prof. Onyango for his profound insights and for having greatly educated us on the various aspects of Constitutional Law doctrine. The lecture was a multi-disciplinary intellectual tour covering a wide range of subjects from Literature to Philosophy,” proclaimed the Vice Chancellor amidst applause from the audience.
The inaugural lecture was also graced by members of the Judiciary that included Her Lordship, Prof. Lillian Tibatemwa-Ekirikubinza of the Supreme Court, Justices Kenneth Kakuru and Stephen Egonda-Ntende from Court of Appeal.
“As a teacher and a researcher, I have variously drawn inspiration from colleagues like Mahmood Mamdani, Busingye Kabumba, Sallie Simba Kayunga, Ben Shokoro Twinomugisha, Frederick Egonda-Ntende, J.J. Barya, James Gathii, Celestine Nyamu, among many other’’ said Prof. Oloka-Onyango.
The lecture was organized by the Office of the Vice Chancellor, spearheaded by Dr. Okello Ogwang-the Deputy Vice Chancellor (Academic Affairs), Mr. Alfred Masikye Namoah, The Academic Registrar and the Inaugural Lecture Committee consisting of: Prof. Elly N. Sabiiti-Chairperson, and members that include, Prof. Oswald Ndoleriire, Prof. Ruth Mukama, Prof. David Bakibinga, Prof. H. Oryem-Origa and Prof. Buyinza Mukadasi.
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Article by Mak Public Relations Office and School of Law Communications Office
By Scholars Program Communication Team
On Saturday, November 16, 2024, Little Angels Junior School, Mawotto Village, Mukono District, and St. Charles Rwahunga, Nursery and Primary School in Kyegegwa District celebrated an inspiring, joy-filled event. These two schools were selected to receive the generosity of Mastercard Foundation Scholars at Makerere University during the Annual Scholars Day of Community Service.
At St. Charles Rwahunga Nursery and Primary School, the Scholars donated various products, including Learning Materials, Geometry sets, Sanitary towels for the girls, sportswear for the boys’ football team, and other goodies.
The Community Nursery and Primary School serves 412 pupils with severe challenges due to inadequate infrastructure. The buildings are dilapidated, there is a shortage of desks, and the classrooms are small and overcrowded. These issues need to be addressed to ensure a better student learning environment.
Mr. Alex Mugisha, the Headteacher of the School, expressed gratitude to the Scholars of Mastercard Foundation for the kind gesture they extended to his school.
“I am deeply grateful, along with the students and staff, for the generosity of the Mastercard Foundation Scholars. These materials will significantly enhance the learning environment for our pupils,” remarked Mr. Mugisha.
Mr. Nelson Ddumba, the Scholars Council Representative, encouraged the young learners at the event not to lose hope. He emphasized that regardless of their starting point, they can improve their circumstances by staying in school.
“Listen, my fellow students: do not give up. The only path to transforming your circumstances is through a steadfast commitment to your education and remaining in school. I have been in your shoes, but I pushed through and succeeded thanks to my mother’s unwavering support. Today, I proudly attend Makerere University, one of the leading institutions in Uganda. Embrace the challenge ahead and make your education your top priority!” Mr. Ddumba declared.
At Little Angels Junior School, pupils were excited to receive educational materials, reusable sanitary towels, mathematical sets, dictionaries, and textbooks for nursery to primary seven students.
Ms. Sarah Nturo, the headteacher, commended the Mastercard Foundation Scholars at Makerere University for the kind gesture.
She said the books will help the school improve its reading culture and performance.
“We are grateful to the Mastercard Foundation Scholars Program at Makerere University; we believe these books will significantly contribute to improving our pupils’ performance,” Ms. Nturo said.
Nturo also pointed out that they have challenges with the facilities and water as a school.
“Ever since we started this School, the education has improved because, in the past, parents could not allow their children to come here; instead, they would send them to the lake for fishing. But now, the children come only because they do not have somewhere to sit. We have few desks,” Nturo said.
During the visit, the pupils mesmerised the scholars with rare dance moves. The excitement did not leave the Programme Implementation team and teachers in their seats, making it a fun-filled event. The audience was left yearning for more.
Addressing the school, Mr. John Osuna, the Transition Lead at the Mastercard Foundation Scholars Program, urged the pupils to use their school time to prepare for a bright future.
“Do not mind where you are coming from. We all started like this. Education is an equalizer. Now that you have an opportunity to study, focus on making the best out of it. Be disciplined pupils and listen to your teachers. The sky will be the limit,” Mr Osuna said.
During the event, Francis Kabuye Kaggwa, the Chairperson of the Parents Teacher Association (PTA) leadership, said that ever since the school started over 10 years back, they have never received guests who bring them gifts like how the Mastercard Foundation Scholars did.
“I think you have seen how excited the children were. We are all happy this has never happened to our school. Who are we to receive these gifts? We have challenges, but with friends like God on our side, we shall conquer,” Mr. Kabuye noted.
The Scholars’ Day of Community Service is an annual event where Mastercard Foundation Scholars at Makerere University engage in community service as a way of giving back. This initiative aims to empower vulnerable individuals in the community and contribute positively to society.
By Mak Communication Team
The Vice Chancellor, Prof. Barnabas Nawangwe, while speaking at the inaugural commemoration of the International Day for Persons with Disabilities at Makerere University has appealed to the Government to increase the number of students with disabilities on government sponsorship.
The event held on Wednesday, 13th November 2024 was organised by the Office of the Dean of Students and the 90th Students’ Guild-Ministry of Students with Disabilities and held in the Yusuf Lule Central Teaching Facility Auditorium.
The day’s theme was: “Empowering Inclusion: Breaking Barriers, Unlocking Potential”
“Students with disabilities should be the first to be admitted on Government sponsorship because there are not so many,” Prof. Nawangwe said.
Prof. Nawangwe called upon the government to devise a scheme and policy for integrating students with disabilities into the working environment after graduation.
Prof. Nawangwe noted that the University has established a Disability Support Centre, a one-stop facility to ensure equal access to education and life, promote inclusivity, and support students and staff with disabilities.
“Over the years, Makerere University has branded itself as a place that actively and loudly promotes increased awareness about the rights and needs of students and staff with disabilities.” Prof. Nawangwe remarked.
While addressing the gathering, the Chief Guest, Hon. Hellen Grace Asamo, the State minister for Disability Affairs, called upon Persons with Disabilities to always believe in themselves and be able to break the barriers of the inferiority complex.
“You have to show people that you have the potential, and when people get to know your potential, they will begin to include and engage you. But if you do not have your potential, nobody will include you. They will think you are just someone who is just there seated and begging,” Hon. Asamo noted.
In her welcome remarks, Dr. Winifred Kabumbuli, the Dean of Students at Makerere University, said that the University is making a deliberate effort to pay particular attention to the decisive implementation of inclusive Policies and Practices.
“This is where we want all people to thrive and grow. Therefore, we are proud to accept and celebrate our differences and uniqueness. We welcome you here to build a culture of active support for each other and to declare that by championing a conducive environment for students and staff with disability, we are part of the change-makers of today,” Dr Kabumbuli said.
Dr. Kabumbuli also highlighted several policies the University has implemented, such as the Policy for Persons with Disabilities and safeguarding, Accommodation policy, University rules and regulations, the Human resource manual, and the student guild constitution that provides inclusive participation in student leadership and admission policies.
“These policies protect and enhance the rights of both staff and students with disabilities. For example, we have a student guild minister for persons with disabilities to ensure their voices are heard,” Dr. Kabumbuli noted.
Makerere has directed attention to ensuring accessible and comfortable accommodations for students with Disabilities by having designated accessible hostels and rooms. The University provides salaries, lodging, and meals for helpers who assist students with disabilities. A concentrated effort is also being made to build ramps, elevators, and accessible pathways to facilitate navigation for students and staff.
According to Dr Kabumbuli, the University has embraced a drive to facilitate students’ access to assistive devices, including wheelchairs, white canes, brailling machines, hearing aids, etc.
“As part of our commitment to inclusivity and accessibility, the University has designated a specialized space within the library, equipped with assistive technologies and resources, specifically for students with disabilities to ensure equal access to knowledge and academic success for all. We have also put in place special arrangements, such as extra time during examinations to enable access to education,” Dr Kabumbuli said.
Dr. Kabumbuli acknowledged the support from the Mastercard Foundation Scholars Program, the Ministry of Gender, and the School of Law, which are committed to championing diversity, inclusion, and equity for People with Disabilities.
The International Day of Persons with Disabilities is celebrated annually on December 3rd to raise awareness and support for people with disabilities worldwide.
The 3rd annual Fundis and Technicians sensitization event and exhibition by manufacturers of building materials organized by the Department Architecture and Physical Planning at the College of Engineering, Design, Art and Technology (CEDAT), Makerere University came to a close with a call for increased partnerships between training institutions and the community.
The event that attracted 200 participants including masons, fundis, painters, builders, metal and electrical fabricators ran from Thursday 24th to Friday 25th October 2024 at CEDAT. It was supported by several stakeholders and was characterized by training sessions and an exhibition of building materials by different companies that make cement, paint, water tanks tiles and many more.
Prof. Henry Alinaitwe, the Deputy Vice Chancellor in charge of Finance and Administration represented the Vice Chancellor, Prof. Barnabas Nawangwe at the opening of the training. In his remarks, he extended appreciation to the technicians for accepting to take part in the training which he said was key in ensuring that they gain from continuous learning. Prof. Alinaitwe observed that although some of them did not get through formal training, it was important that they took part in such training programs to keep abreast of the developments in the construction industry where they undertake the bulk of the work as masons, technicians, plumbers, and metal fabricators.
‘Keep improving, we need to up our game in terms of quality’, he said while making reference to the need for quality output. He cautioned them on issues of cost and cheating of their clients by making realistic costs. ‘We need to cost the work well taking into account the materials, the labor, the equipment used, and the overheads’. The other area that needed to be taken care of by the technicians included time management, which reflects on attitudes towards work, team work. While addressing the gathering in his capacity as Chairman of the Engineers Registration Board, Prof. Alinaitwe said the upcoming engineering Registration Bill, if approved, has a provision for the registration of all artisans and hence the need to have the minimum requirements for the stakeholders to be registered. He also stressed the need to bring on board as more women as possible. ‘We want to see more women, who can do some aspects in construction better than men like painting.
Prof. Moses Musinguzi, the Principal of the College of Engineering, Design, Art and Technology while welcoming the trainees to the college said the training is a good initiative that will help address challenge of skill and work match. He encouraged the trainees to do smart work, and take due consideration of ethics and customer care. He encouraged the department to extend the training opportunity to other units of the college and the university and also make it more formal, as part and parcel of the training program of the college in liaison with bodies like UBTEB.
Assoc. Prof. Kizito Maria Kasule, the Deputy Principal CEDAT while appreciating the initiative of the department said countries like Germany have apprenticeship training that help the training of students to gain skills equivalent to those acquired while in formal institutions of learning. He said the academia in Uganda is increasingly recognizing the importance of the informal sector in the growth of the country. ‘We need to learn from you. Almost 90% of the people in the construction industry have been informally trained’. He said by learning from each other, the two sectors jointly make a contribution towards the development of the country.
Dr. Amin Tamale Kiggundu, the head of the Department of Architecture and Physical Planning said the initiative, a community outreach program of the college started three years ago in the year 2022 with 60 Fundis and masons, in 2023, the number was increased to 120 Fundis and the current 2024, was 200 Fundis of various categories, including painters, builders, metal fabricators, plumbers and electrical fabricators. He said this community outreach program aims at sharing the accumulated scientific knowledge in building, design and construction technologies at CEDAT, sharing the expertise, knowledge and experiences with communities in greater Kampala and hence bridging the existing knowledge and skills gap between the training institutions and the communities.
The 21st century is characterized by collaboration, partnerships, and establishment of knowledge economies. He said based on the trainings held so far, it is clear that partnerships between the training institutions and the communities were possible especially the Fundis who are closer to the communities. ‘We also want to learn from the Fundi’s experiences, how they are able to connect to the communities in some cases better than those who have gone through the training institutions’, he said. He further noted that the majority of fundis are young people that need to be supported with skills and other ways of nurturing them. The dream of the department, he said is to introduce an open door policy that allows fundis and other university students to come to learn.
Several organizations supported the event and participated in the exhibition and they included Habitat for Humanity, Uganda, Green Building Council Uganda, The National Building Board, Uganda Clays Limited, Centenary Bank, Steel and Tube Industries Ltd, Simba Cement, Plascon, Goodwill, Cresttanks among others.
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