In her submission to the tribunal on Tuesday at Makerere University Council Room, counsel Kabinga said Professor Mayambala has a conflict of interest in the case.
File Photo: Associate Professor Mayamba-Kakungulu hugs Dr. Deus Kamunyu during the staff strike against his suspension. The staff had convened on February 2nd this year in Main Hall Makerere to discuss the impasse against the suspension of their leaders.
Professor Ronald Kakungulu-Mayambala, a lecturer at the School of
Law has excused himself from the hearings of Dr Deus Kamunyu Muhwezi’s case,
currently before the Staff Appeals Tribunal.
This follows a request by Esther Kabinga, a legal officer at Makerere
Associate Professor Mayambala is part of the seven-member panel, a
quasi-judicial dispute resolution court representing the academic staff.
In her submission to the tribunal on Tuesday at Makerere University Council
Room, Kabinga said Professor Mayambala has a conflict of interest in
“During the time Dr Kamunyu appeared before the Disciplinary Committee of the
Appointments Board, Dr Mayambala appeared as his counsel. I strongly feel it
will not be fair if he participates in this process,” advocate Kabinga said.
Dr Kamunyu, the Chairperson of the Makerere University Academic Staff
Association (MUASA) dissatisfied with the ruling of the Panel of the
Appointments Board, appealed the decision before the staff tribunal.
On May 13, the Panel of the Appointments Board handed Dr Kamunyu a six-month
suspension on half pay after finding him guilty of non-adherence to any other
university policies, a charge whose nature his lawyers say was ambiguous and
unsustainable in law.
His suspension led to a month-long staff strike that paralyzed business at the
In his appeal, Dr Kamunyu’s lawyers argue that the Appointment’s Board erred
both in law and fact in relying upon prosecution evidence that supported
alleged offences for which their client was not charged with and that there was
no sufficient evidence to convict him on the alleged offence, hence reaching a
Dr Kamunyu appeared alongside his lawyer Protazio Byarugaba who neither
supported nor objected to the protest by the university lawyer. Byarugaba told
the tribunal that it would be at the discretion of the law don to find it
prudent to excuse himself from the case as complained against.
Retired High Court Judge, Justice Patrick Tabaro presiding over the matter
asked for a 15 minutes break to allow the tribunal members discuss the matter.
“Professor Mayambala has agreed he will excuse himself from the matter. He will
therefore not participate in the hearing and the drafting of the ruling,”
Justice Tabaro later communicated to the tribunal.
The tribunal membership included Dr Mayambala, Dr Phiona Mpanga, Sarah
Wegosasa, Edith Kusasira from the ministry of Public Service, George
Court instructed parties to file written submissions. Kamunyu is expected to
file his submissions by Monday, December 23rd, 2019and the University to file
its defence on January 8th 2020. Kamunyu will then file a rejoinder if any on
Monday, January 13, 2020.
Justice Tabaro says the judgement will be delivered on notice within two
weeks after successful submissions.