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“In 2010 NCHE consulted UNEB on the ‘A’ Level status of the 1st respondent
courtesy of a general inquiry on what constituted A level equivalence. The
basis of NCHE’s issuance of a certificate of completion to the 1st respondent
in 2010 was the decision by NCHE, UNEB and MOES that equated Mature
Entry Certificates in Uganda to Pre-entry certificates in foreign jurisdictions,
both of which equated to ‘A’ Level in Uganda, which decision UNEB
purportedly confirmed.
This position reconciles the contents of the2 letters from UNEB referred to
earlier in this judgment in so far as it clarifies that indeed in 2010 no fresh
inquiry was specifically made about the 1st respondent’s qualification, NCHE
having opted for a more generalist approach for the equating of politicians
academic documents”.
The learned trial judge went on to discuss whether the general inquiry
satisfied the legal requirements of section 4(6) about consultation and
concluded that it did.
With due respect to the learned judge, I think she misconstrued the provisions of
the section. The section makes UNEB a component in equating the academic
qualifications of each candidate. The certificate which is issued by the 3rd
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respondent to each candidate has to state that it is issued in consultation with
UNEB. A general inquiry in my view does not satisfy the requirements of the
section. Moreover the document RN9 at page 320 seem to be mere policy
proposals which UNEB was putting forward and there seems to be no concrete
decision on its contents. Moreover policy decisions cannot tantamount to legal
or statutory requirements.
The testimony of Bukirwa to the effect that there was consultation on the
totality of the 1st respondent’s qualifications cannot be true. the consultation
must be actual.
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