Dr Ssempebwa appeal success shows appointments board 'bleeding' Makerere

Dr Ssempebwa, who has been at Makerere since 2012, appealed against the university's decision not to promote him to full professor under the Fast-Track Scheme.

The Makerere University Staff Tribunal has has found the university unfairly and irregularly denied Dr Jude Ssempebwa a promotion to a full professor.

Associate Professor at the East African School of Higher Education Studies and Development (EASHESD) Dr Ssempebwa, who applied for promotion in July 2017, welcomed the decision, saying "vindictive administrators cannot whimsically alter the [university] policies to suit their corrupt scheming and get away with it".

But at the time, he was facing internal disagreements with his immediate superiors leading to a rejection of his application while several doctorate candidates he supervised were frustrated in the process.

The College of Education and External Studies (CEES) Establishment, Appointments, and Promotions Committee claimed that the lecturer had insufficient teaching experience and publications to qualify for a promotion to a full professor.

Incidentally, Dr Ssempebwa had been variously publishing with the university journal and assumed the editorial leadership on the back of the academic snub.

Dr Ssempebwa, who has been at Makerere since 2012, appealed against the university's decision not to promote him to full professor under the Fast-Track Scheme.

The successful appeal, another in a long list of similar or related appeals costing the university millions of shillings in damages, further peels off layers that expose the deep-rooted intrigue and unfair treatment of staff by a clique of administrators.

The lengthy appeal process highlighted procedural irregularities and allegations of bias within the college's promotion system.

The Tribunal, after considering extensive evidence and submissions from both parties, found significant flaws in the decision-making process of the CEES Committee and the Appointments Board.

Notably, the Tribunal chaired by Dr Henry Onoria highlighted the apparent bias and procedural impropriety that marred the proceedings.

“The Tribunal finds, and agrees with the appellant, that the seemingly toxic environment at CEES has resulted in the Appointments Board handling the matter of the Appellant's promotion differently,” the ruling stated.

This environment, the Tribunal noted, had created an atmosphere of “animosity” and “anxiety” within the college, severely impacting the fairness of the promotion process.

One of the critical points of contention was the Appointments Board’s decision to refer Dr Ssempebwa’s application back to the CEES Committee for reconsideration after initially failing to recommend him for promotion.

The Tribunal ruled that this action was procedurally improper, as the Board effectively abdicated its statutory duty to evaluate the application on its own merits.

“The Tribunal agrees with the Appellant that, given the circumstances surrounding the Appellant's appeal, the Board ought to have taken a different decision,” the ruling noted.

Demonstrated bias

The Tribunal emphasised that the Appointments Board should not have delegated its responsibility to a body that had already demonstrated bias against the appellant.

Besides, the Tribunal found that the Appointments Board’s request for a review of the legal affairs directorate’s earlier opinion on Dr Ssempebwa’s teaching experience was unnecessary and indicative of a flawed process.

The Board’s failure to invite Dr Ssempebwa to respond to allegations made against him by the CEES principal further compounded the procedural impropriety, violating the principles of fair hearing.

The Tribunal also addressed the controversy surrounding Dr Ssempebwa’s publications, which the CEES Committee had cited as insufficient for promotion.

The Tribunal ruled that the CEES committee’s interpretation of the university’s promotions policy was overly restrictive and not in line with the established guidelines.

“The Tribunal finds and agrees with the appellant that the promotions policy does not provide where the actual teaching experience is to be accumulated,” the ruling stated.

This ambiguity, according to the Tribunal, should have been resolved in favour of Dr Ssempebwa, particularly given his extensive teaching and research experience across different institutions.

In its ruling, the Tribunal also criticised the Appointments Board for failing to properly evaluate the quality and relevance of Dr Ssempebwa’s publications, despite evidence that his work had been peer-reviewed and published in reputable academic journals.

The Tribunal’s decision to side with Dr Ssempebwa has significant implications for Makerere University’s promotion policies and the broader academic community in Uganda.

“The Appellant is right to infer the appearance of bias at the CEES Establishment and Appointments Committee,” the Tribunal ruled, adding that the Board’s actions had resulted in “a miscarriage of justice” against Dr Ssempebwa.

This case is expected to set a precedent for future promotion disputes at Makerere University, as well as in other higher education institutions in Uganda.

Dr Ssempebwa, expressed relief and vindication following the decision.

Dr Ssempebwa, who had been embroiled in a prolonged battle for promotion, accused certain administrators of corrupt practices aimed at derailing his career.

He alleged that despite being qualified, he faced years of "painful defamation and harassment," with administrators falsely claiming that he lacked the necessary teaching experience and publications

"Over many years of painful defamation and harassment, they repeatedly lied that I was not qualified, even after the Directorate of Legal Affairs and Senate provided guidance to the contrary," Dr Ssempebwa said.

Dr Ssempebwa said that the ruling not only cleared his name but also addressed broader institutional issues.

"The ruling is significant at the institutional level. It underlines the fact that, at Makerere, the University Council makes policies, and vindictive administrators cannot whimsically alter the policies to suit their corrupt scheming and get away with it," he said.

He highlighted the Tribunal’s criticism of the College of Education and the Directorate of Legal Affairs for manipulating university policies.

He noted that this judgment ensures that university staff can now "apply for promotion (and other opportunities) confident that the university's policies will be applied to them as they are written, not as crafty administrators wish the policies were written."

Dr Ssempebwa also touched on the broader implications of the ruling, particularly in the context of university culture.

"Across the world, there is an infamous culture of bullying, upward toxicity, misogyny, propping lazy/untalented crown princes, etc. in some universities," he said.

He praised the tribunal for reaffirming that Makerere University is a place of meritocracy, a stance he believes is crucial for the institution's future.

In a similar incident in 2019, Peter Neema-Abooki appealed the Makerere University Appointments Board's decision not to promote him to the rank of full professor.

Abooki was dissatisfied with the Board's lack of response to his promotion application, which had been pending for nearly two years.

Abooki, a senior lecturer at the East African School of Higher Education Studies and Development within the College of Education and External Studies (CEES), applied for promotion from Associate Professor to Full Professor on March 27, 2017.

The College's Appointments Committee declined to recommend him for promotion, prompting him to appeal to the University Appointments Board.

During the promotion process, Abooki also applied for a post-retirement contract on November 27, 2017, which was rejected by the College.

He contested this decision at the Appointments Board, citing internal animosity against his application.

In a December 13, 2018 communication, Andrew Abunyang, the director for human resources, said the Board had rejected Abooki's appeal and did not offer him a post-retirement contract.

Abunyang noted that the CEES had not recommended his post-retirement contract application as required by university policy and found no merit in his appeal.

In his appeal before the Staff Appeals Tribunal, Abooki argued that he was not given the opportunity to address the animosity surrounding his applications.

He claimed the Board based its decision on minutes from the College Appointments Committee, which he had previously appealed against.

Abooki contended that he qualifies for both the post-retirement contract and promotion according to the 2006 Makerere University Council Policy on Appointment and Promotion of Academic Staff.

With over 10 years of teaching experience and a PhD in Educational Management, he has supervised 33 graduate students to completion, seven of whom finished their studies after his promotion to Associate Professor.

He also submitted at least five new recognized publications with anti-plagiarism reports since his promotion.

Meanwhile, it is a spate of cases where promotions and related appointments cost the university dearly.

In June, Makerere was ordered to pay Prof John Jean Barya, a former law don, Shs100 million in damages for "unfair" and "unwarranted" denial of a post-retirement contract.

In its June 4 ruling, the Staff Appeal Tribunal also ordered the university's Appointments Board to immediately reconsider Prof Barya's application for grant of a post-retirement contract not later than July 31.