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Parliament passes Bills returned by President

Parliament Passes Two Key Education Bills After Presidential Revisions

posted onSeptember 27, 2024
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On Thursday, September 26, 2024, Parliament reconsidered and passed two important education-related bills that had been returned by President Yoweri Museveni in July 2024. The Higher Education Students' Financing (Amendment) Bill, 2024, and the National Commission for UNESCO (Amendment) Bill, 2024, were debated and passed during a plenary session chaired by Deputy Speaker Thomas Tayebwa.

Higher Education Students’ Financing Bill: Addressing Rationalisation

The Higher Education Students’ Financing (Amendment) Bill, 2024 seeks to streamline the operations of the Higher Education Students’ Financing Board (HESFB) by integrating its functions into the Ministry of Education and Sports, as part of the government's policy on rationalisation. One of the President’s primary concerns was the issue of redeploying HESFB staff under the proposed restructuring.

"The staff were not appointed under the Public Service Commission or the Education Service Commission, and therefore, do not qualify for redeployment in Public Service," said James Kubeketerya, the Chairperson of the Committee on Education and Sports, while presenting the committee's report.

President Museveni proposed that the section providing for the redeployment of HESFB staff be deleted, recommending instead that staff be retired and compensated. Kubeketerya confirmed that this recommendation was accepted, with the Bill being amended accordingly. Additionally, the President called for changes to the Bill's long title to reconcile differences with Clause 5.

UNESCO Commission Bill: Defining Structure and Terminology

The National Commission for UNESCO (Amendment) Bill, 2024 also faced scrutiny from the President, who opposed the establishment of the Uganda National Commission for UNESCO (UNATCOM) as a department within the Ministry of Education. Instead, he preferred it be classified as a unit, as "it is the Cabinet that establishes such structures, not Parliament," Museveni argued.

The President also suggested that the use of the term “Commission” in several sections of the Bill should be reviewed to avoid legal confusion. His concerns about the structure and terminology were addressed during parliamentary debate, with MPs agreeing to the revisions.

Concerns Over Staff Retirement and Compensation

During the plenary, several MPs raised concerns about the readiness of the government to pay terminal benefits to affected staff following the rationalisation process. Mathias Mpuuga, Leader of the Opposition, expressed fears of potential legal challenges if the government fails to provide retirement packages in a timely manner.

“Do not be shocked to find that, in the coming months, we will be dealing with unpaid retired public servants. Before any entity is closed, the retirement package should be in place,” Mpuuga said.

Attorney General Kiryowa Kiwanuka clarified that staff from rationalised entities would not automatically be redeployed into mainstream public service, as their positions must be filled through formal recruitment under the Constitution. This means staff must be terminated and compensated before reapplying.

Public Service Minister's Assurances

Public Service Minister Wilson Muruli Mukasa assured Parliament that termination benefits had been prepared for staff in all affected government entities. However, Betty Naluyima (NUP, Wakiso District Woman Representative) raised concerns that the funding gap remains significant, with Shs74 billion required to cover compensation for all rationalised entities, yet only Shs1 billion allocated, specifically for the Ministry of Energy.

The reconsidered bills will now be sent back to the President for assent, in accordance with Article 91(4) of the Constitution.

This legislative development reflects the ongoing efforts to reform Uganda's education sector and streamline government agencies while ensuring that staff impacted by the rationalisation are fairly compensated.

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