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Mak Challenges Stella Nyanzi Application

Last month Nyanzi sued Makerere University for failing to abide by the orders of the Staff Appeals Tribunal which declared that her suspension was illegal since it contravened with rules in the employment Act, 2006.
29 Dec 2018 15:48
Dr Stella Nyanzi and Lawyer Isaac Kimaze Ssemakadde
The Director of Human Resource at Makerere University has opposed an application filed by Dr Stella Nyanzi in the High Court challenging the failure to be reinstated.

Andrew Obunyang the Human Resource Director says Nyanzi's application should be dismissed because it was filed out of time.

Last month Nyanzi sued Makerere University for failing to abide by the orders of the Staff Appeals Tribunal which declared that her suspension was illegal since it contravened with rules in the employment Act, 2006.

This was after the October, 2nd, 2018 judgment delivered by George Omunyokol the Chairperson of the Staff Appeals Tribunal.

In his ruling, Omunyokol also ordered that Nyanzi should be paid all her salary arrears and be reinstated at the institution.

The University was also directed to conduct disciplinary proceedings if any against Dr Nyanzi and conclude the same within a period of 30 days with effect from the date when the verdict was made.

However, Makerere University failed to abide the orders.

Through her lawyer Isaac Ssemakadde, Nyanzi dragged the institution to Civil Division of High Court for failing to implement the Tribunal orders.

However, a sworn in affidavit a copy seen by Uganda Radio Network, Abunyang wants the application should be dismissed. He notes that Dr Nyanzi was paid her salary arrears and is reportedly still being paid by Makerere University despite the fact that she was on suspension.

According to the court documents supporting his affidavit, Abunyang shows a cheque voucher dated December, 15th, 2017 when more than 20 million shillings was paid to Dr Nyanzi.

Abunyang also states that the application should be dismissed because it's a premature since her contract expired.

He states that the Research Fellow Job was advertised in Newspapers on December 16th, 2011.

Nyanzi's was appointed to that position on June, 6th, 2011, a few months before the job was advertised.

Abunyang also says that following the ruling by the Tribunal, he advised the Appointments Board in a letter dated October 17th 2017 to conduct the disciplinary hearing and that Nyanzi's contract had ended on May, 30th, 2016.

Ssemakadde notes that among other issues, Abunyang needs to explain why the university is allegedly still paying Stella Nyanzi even after the termination of her contract.

Nyanzi was last week officially laid off at Makerere University together with 44 other senior lecturers after their contracts reportedly got expired. 

Justice Lydia Mugambe has issued summons to Abunyang to appear at the Civil Division of High Court on January 9th, 2019 for cross-examination basing on his evidence before court.