The government has sent a strong warning that the Makerere University Academic Staff Association could have its activities banned and its vocal members punished.

It said the university will reopen, as planned, on August 16.

Daily Monitor has seen a copy of a July 29 letter from the Minister for Higher Education, Mr Gabriel Opio, in which he advises the Makerere University Council chairman, Mr Mathew Rakikaire, to crack down on Muasa, the umbrella organisation of the Makerere academic staff.

"Whereas, the Universities' and other tertiary Institutions' Act, 2001 Section 68(1) provides for the establishment of Academic Staff Associations, the law does not bestow on them immunities of a registered organization as stipulated by Section 24 of the Labour Union Act NO7/2006," the minister wrote.

"The purpose of this letter is to draw your attention, as Council Chairman, to the fact that the associations have no mandate to call for industrial action that would be illegal. The leaders of academic associations should be accordingly advised to comply with the laws of the land," Mr Opio wrote. The minister advised the Makerere Council to crack down on Muasa or its individual members.

"University Councils as supreme governing organs need to ensure that respective parties in Universities abide by the law. They should take disciplinary action against association leaders and members who do not only break labour laws but also breach their contractual obligations as University Council employees," Mr Opio wrote.

Mr Opio's letter was a subject of yesterday's deliberations in the council, in which the university's top decision making organ decided to reopen on schedule on August 16, despite a planned strike by Muasa members.

Makerere University Public Relations Officer Gilbert Kadilo yesterday issued a statement confirming that the university would open on schedule despite the lecturer's grievances.

Yesterday, the University Council also appointed a two-man committee to harmonise the strained relationship between Muasa and the management.

Dr William Muhairwe, the National Water and Sewerage Corporation managing director, will head the committee whose other member is the University Convocation Chairman, Mr Bruce Kabasa Balaba. Mr Rukikaire confirmed the development in a telephone interview, but did not give details.

Mr Kadilo's statement indicated that the council's decision to open on schedule was based on assurances from the government that funds would be made available to facilitate the normal operations of the university, including the provision of teaching materials.

"In addition, the decision to open on schedule was also guided by communication from the Ministry of Education and Sports, defining the relationship between the Makerere University and staff associations including MUASA," Mr Kadilo wrote.

It's not clear whether the lecturers will call off the planned sit down strike. Dr Augustus Nuwagaba, the Muasa chairman and Dr Gilbert Gumoshabe, the acting secretary general both declined to comment on yesterday's council decision.

Dr Nuwagaba said he did not wish to comment about the matter because it has been over-personalised. The Muasa executive on August 1 issued a press release claiming that if the university does not pay them their teaching allowance for teaching private students beyond the stipulated hours, they would not teach when the new semester opens on August 16.

The stalled opening over Shs1.6 billion required to pay teaching staff, is the latest in a series of financial woes that have plagued the university. The staff association also complained that a 20 per cent retirement contribution, which amounts to Shs5.7b as of February 2008 from the employer, has never been deposited. In his July 30, letter, Mr Opio indicates that Muasa should negotiate through the Ministry of Education.

"Please note that the Trade Unions Act recognizes such associations as (Embryo Trade Unions) which do not have mandate to bargain collectively and take industrial action because they are not mandated by law to do so until they have applied through the relevant sector ministries and registered with the relevant organs," he said

"Even if Muasa was a trade union it would have to follow procedure laid down in the Trade Disputes (Arbitration and Settlement) capture 224, laws of Uganda, 2000. Industrial action taken outside these procedures would be wrong," Mr Opio's letter goes on.

But Mr David Nkojo, the chairperson of the National Organisation of Trade Unions yesterday indicated that the minister's advice had several flaws.

He said the university cannot regulate the activities of the staff association because it's formed by the members of staff.

Muasa has also had several spats with the current Makerere administrators, the climax being in April this year, when the association passed a vote of no confidence in the Vice Chancellor, Prof. Livingstone Luboobi, his deputy for Finance and Administration - Prof. David Justin Bakibinga.

The University Secretary, Mr Sam Akorimo and the Bursar, Mr Ben Byambabazi are the other officials that Muasa wants fired over alleged financial mismanagement and incompetence, citing failure to run the university and refusal to enhance their salaries and provide teaching materials. The officials deny the allegations against them.