Attorney General Declares Katunguka’s Reappointment Attempt Illegal

The Attorney General Kiryowa Kiwanuka has guided that the process that was being undertaken for Prof. Eli Katunguka’s reappointment as Chairperson of the National Council for Higher Education (NCHE) is, “Irregular, flawed, and illegal.”

This pronouncement follows an investigation into the series of events and communications regarding the renewal of Prof. Katunguka’s term, which expired on March 21, 2024.

In a comprehensive letter to the First Lady and Hon. Minister of Education and Sports, the Attorney General outlined several procedural missteps:

The Attorney General says the procedure, which was being followed, is flawed and did not adhere to the established legal framework.

The Attorney General, in his letter dated June 14, 2024; to the First Lady and minister of education and Sports Mrs. Janet Museveni, he says that according to Section 7(1)(c) of the Universities and Other Tertiary Institutions Act (UOTIA), the correct procedure was not followed.

This section requires that the National Council include representatives elected among vice chancellors of public universities.

The Attorney General recommended that the Executive Director of NCHE convenes a meeting of the Senates of Public Universities to elect a proper representative to the NCHE.

The Attorney General also advises that Prof. Katunguka’s five-year tenure as Chairperson of NCHE ended on March 21, 2024, and that he should vacate the National Council for Higher Education. His deputy, Kiryowa says, “should take charge”.

Kiryowa explains that attempts by the Executive Director, Prof. Mary Okwakol, to engage with Prof. Katunguka regarding his reappointment were unsuccessful. “Despite numerous attempts, including a formal request on January 29, 2024, to meet with Prof. Katunguka, there was no response.”

The AG adds, “(Later on) Dr. James Nkata, Vice Chairperson of the Vice Chancellors Forum of Public Universities, communicated that the Vice Chancellors had re-appointed Prof. Katunguka as their representative on the NCHE,” explains a letter seen by New Vision.

Prof. Okwakol, based on communications seen by New Vision, disagreed with Dr. Nkata about the nomination procedure for Prof. Katunguka as a representative of the Senates of Public Universities.

The First Lady then sought the opinion of the Attorney General, and in his response, Kiryowa says, this was a flawed and illegal process. The Attorney General advised the process should be in compliance with the Universities and Others Tertiary Institutions Act, (UOTIA), which includes holding meetings and following the correct electoral processes.

The Attorney General also notes that it was improper for Prof. Katunguka to approach the President directly for the renewal of his tenure. “He should vacate his position until a duly elected representative is appointed through the proper legal procedures.”

This contravenes section 7(2) of the UOTIA, which provides that, “The National Council shall recommend two members from among themselves from whom the President shall appoint the Chairperson of the National Council. It also contravenes section 5.1 of the NCHE Procedures Manual 2021 which states that the members of Council shall at the next sitting following the expiration of the term of office of the Chairperson of Council or where the office of Chairperson falls vacant, nominate two people from among themselves whose names shall be forwarded to the President for appointment of a Chairperson.

Chronology of events

The five-year tenure for Prof. Katunguka, expired on March 21, 2024. The Executive Director made efforts through phone calls and WhatsApp messages to meet the Chairperson to discuss the handling of the renewal of his tenure as Chairperson with no success. The Executive Director was compelled to formally request Professor Katunguka, by a letter dated January 29, 2024, to find time for a meeting but she did not get a response.

On January 29, 2024, Professor Katunguka instructed his Personal Assistant (PA) Ms. Evas Tumusiime to write to Vice Chancellors of Public Universities to seek their views on the reappointment of Professor Katunguka as a representative of Senates of Public Universities to NCHE.

She signed off “for Prof. Katunguka”. This was tantamount to self-nomination on the part of Professor Katunguka which is irregular. Both Prof. Katunguka and the PA urging Vice Chancellors to respond followed the PA’s communication with calls.

On January 31, 2024, the Executive Director received a letter from Dr. James Nkata, who signed as Vice Chairperson of the Vice Chancellors Forum of Public Universities stating that “The Vice Chancellors of Public Universities have re-appointed Professor Elly Katunguka, Vice Chancellor of Kyambogo University, to be the University Senate Representative on National Council for Higher Education (NCHE) from the date of expiry of his appointment”.

The Executive Director disagreed on the procedure adopted in nominating Professor Katunguka as a representative of Senates of Public Universities as it was irregular and advised that the Chairperson of the Vice Chancellors’ Forum should convene a meeting of representatives of Senates of Public Universities so as to undertake the nomination. Section 7 (1) (e) of the Universities and Other Tertiary Institutions Act provides that; the National Council shall consist of “one representative of Senates of public universities elected from among themselves”. Election means a formal and organized choice by vote of a person for a position.

Subsequent to the above development, Prof. Katunguka wrote to H.E. the President requesting for renewal of his tenure.

In view of the fact that the outlined developments presented a potential risk of exposing NCHE to controversy and disrepute, the Executive Director informed the Minister about them and requested for her intervention. The Minister sought the opinion of the Attorney General.