Uganda President Yoweri Museveni faces petition from Makerere University staff

A group of 120 non-teaching staff at Makerere University has formally petitioned President Yoweri Museveni, challenging their exclusion from a recent salary harmonisation exercise that benefited their counterparts in other public universities. The affected employees, including administrative and laboratory assistants, argue that despite job reclassification by the Ministry of Public Service and the allocation of specific funds for their salary upgrades, these funds were either unutilised or returned to the Treasury. This selective implementation raises significant legal questions concerning principles of equal pay for equal work, non-discrimination, and the proper administration of public funds within Uganda's public service framework, potentially necessitating administrative or judicial intervention.

A significant legal and administrative challenge has emerged within Uganda's public service, specifically at Makerere University, as approximately 120 non-teaching staff members have escalated their grievances to President Yoweri Museveni. Their petition highlights a perceived injustice in the recent salary harmonisation exercise, which aimed to standardise pay and job grades across all public universities. While similar non-teaching staff in other institutions reportedly benefited from these reforms, the petitioners at Makerere University claim they were selectively excluded, remaining on lower salary scales despite performing duties commensurate with higher-paid positions.

This development underscores persistent issues of pay disparity and equitable treatment within Uganda's public sector, particularly concerning the implementation of government policies intended to foster fairness. The staff's appeal to the highest office signals a breakdown in internal resolution mechanisms and brings to the fore critical legal considerations regarding employment rights, public finance management, and administrative accountability. This article will delve into the legal framework governing public service employment and salary harmonisation in Uganda, analyse the potential legal grounds for the staff's petition, and explore the implications for public administration and labour relations.

The legal landscape governing public service employment in Uganda is primarily anchored in the Constitution of Uganda, 1995, the Public Service Act, 2008, and the Employment Act, 2006. The Constitution, in Article 21, guarantees equality before the law and prohibits discrimination on various grounds, while Article 40 explicitly provides for the right to equal pay for work of equal value for all workers. Complementing this, Section 6 of the Employment Act, 2006, reinforces the principle of pay equity, mandating equal remuneration for work of equal value, and Section 7 declares discrimination in employment unlawful.

Public universities, including Makerere, operate under the Universities and Other Tertiary Institutions Act, 2001 (as amended), which provides the framework for their establishment, administration, and standards. The terms and conditions of service for public officers, including university staff, are further guided by the Uganda Public Service Standing Orders, 2021 Edition, although specific salary structures and allowances are typically communicated through Circular Standing Instructions issued by the Ministry of Public Service. The government has, for several years, acknowledged and actively pursued a policy of salary harmonisation across the public service to address long-standing disparities and ensure fair remuneration for comparable roles, a process that has seen various allocations and directives.

The petition by Makerere University's non-teaching staff raises several pertinent legal issues under Ugandan law. Central to their claim is the principle of equal pay for work of equal value and non-discrimination. The staff contend that they perform duties equivalent to those of their counterparts in other public universities who received salary enhancements, yet they remain on lower scales. This directly implicates Article 40(b) of the Constitution and Section 6 of the Employment Act, which prohibit discrimination in remuneration based on arbitrary distinctions.

Furthermore, the staff's grievance points to potential administrative failures in the implementation of a government-approved policy. The Ministry of Public Service had reportedly conducted job evaluations, reclassified roles, and allocated Shs 12.64 billion to Makerere University specifically for the harmonisation of 1,099 non-teaching staff salaries in the 2024/2025 financial year. The alleged failure to disburse these funds, with some reportedly being returned to the Consolidated Fund, suggests a possible breach of administrative duty and a misapplication or non-application of allocated public resources. This could give rise to grounds for administrative review, challenging the decision-making process or inaction of the university management and relevant government ministries.

The Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act, 2008, provides a framework for resolving labour disputes within the public service, including through negotiation, conciliation, and arbitration by a Public Service Tribunal. While the staff have petitioned the President, this formal legal avenue exists for addressing such grievances. The selective nature of the harmonisation, where some staff were upgraded while others in similar positions were not, could be construed as discriminatory under Article 21 of the Constitution, which guarantees equal protection of the law. Previous reports have highlighted significant disparities in public service salary structures, with some support staff in public universities earning more than senior administrators in other agencies, further illustrating the systemic issues the harmonisation exercise sought to correct.

The fact that Makerere University management cited 'unclear communication' regarding the disbursement of funds in earlier instances, and that some funds were reportedly unutilised, points to potential accountability gaps. This situation could be contrasted with the successful implementation of harmonisation in other public universities, strengthening the argument that the exclusion of Makerere staff was not due to a lack of policy or funds, but rather a failure in execution. The petition to the President, while a political appeal, also serves to highlight a failure of the administrative mechanisms designed to ensure fair treatment and proper implementation of public policy.

The petition by Makerere University's non-teaching staff to President Museveni over selective salary harmonisation brings to light critical issues of equity, administrative accountability, and the rule of law within Uganda's public service. The legal principles of equal pay for equal work and non-discrimination, enshrined in the Constitution and the Employment Act, provide a strong foundation for the staff's claims. The alleged failure to implement allocated funds and the resulting disparity, despite clear government policy, points to a potential dereliction of duty by university management and relevant public service bodies.

Practitioners advising public sector employees facing similar issues should consider avenues for redress including formal complaints to the Ministry of Public Service, engagement with the Public Service Commission, and potentially invoking the dispute settlement mechanisms under the Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act, 2008. Judicial review may also be a viable option to challenge administrative decisions or omissions that lead to discriminatory outcomes. This case serves as a crucial reminder of the ongoing challenges in achieving comprehensive salary harmonisation across the public sector and the importance of robust implementation and oversight mechanisms to ensure fairness and prevent arbitrary exclusions.