MAKERERE
UNIVERSITY CHALLENGED IN COURT ON SABBATH LAW.
“Fear of God is the beginning of all Wisdom” and so the Bible
states in one of its verses. However what is the fear of God and how
is this embodied in the life of an individual? Where is the will of
God embodied if not clearly in the commandment among others?
Seventh
Day Adventist students at Makerere University, and in many other
institutions, have had a challenging choice of whether to obey Gods
Commandment of rest from labour and keeping the Sabbath Holy as
stipulated in the ten commandments while pursuing courses or to give
“a break” with obeying this law and continue with academic
activities/careers. Sabbath observance at Makerere University as a
Seventh day (Saturday) and as observed by early Christians like
Apostle Peter, Mary Magdelene, Thomas, John, James, Paul and others in
their lifetime is a very big challenge. The University policy and
practice permits lectures, examinations, tests and any other academic
activities to be held seven days a week irrespective of what is termed
“days of worship”.
Makerere
University Seventh Day Adventist Association (MUSDAA) together with
other church members of the SDA Christians made several efforts to
contact and discuss with the University Authorities the dilemma and
hard choices Adventist students face between church teaching on how to
keep the forth commandment (the Sabbath Commandment) and having to do
examinations on Saturday when such occasions arise. After protracted
negotiations the University communicated its final position on the
clash of interests between pursuit of academic activities and
observance of the Seventh Day as a day of Rest. The University ruled
that students who were affected when examinations are set on Saturday
(the Seventh Day Sabbath or biblical Sabbath) would be allowed to
retake the Subject in the next semester when it is offered again.
Those who did not like the policy of the University were free to
withdraw from the University and pursue University Education
elsewhere.
Unfortunately
many students ended up having the same examination papers rescheduled
on Sabbath in the succeeding semesters. Consequently the accumulated
many papers to do as this was in addition to the normal papers that
they had to be examined for subjects in the next semesters. Another
unfortunate result of the university decision was that some students
were saddled with many exam papers to do. Some students did not
graduate with their colleagues and spent additional year/s before
graduating. Others were expelled and yet some decided that they would
compromise their faith and do examinations on Sabbath for the time
they were pursuing their studies and catch up with God later.
Given
these grievances and costs that SDA students were incurring to pursue
a University Education at Makerere, in 2003 a court case was filed by
some students through Messrs Katende, Ssempebwa & Company seeking
declarations among other things that the stand of the University
violated the Freedom of Religion of the Students guaranteed under
article 29 (3) of the Constitution. Three students, representing
MUSDAA namely Dimanche Sharon, Mokeira Gilphine and Nansereko Luck
filed the petition through their lawyers in the Constitutional Court.
The
Honourable Constitutional Court whilst expressing concern about the
possible impact of a grant of the petition on other religions also
claiming such freedoms and bogging down University programmes
dismissed the petition. Among other things the Honourable Court
presided over by five senior Court of Appeal Judges mentioned the
availability of other Universities in Uganda and abroad where
Adventist Students could be accommodated if they did not like the
policy of Makerere University.
As
Adventists we believe that a better alternative could still be worked
out by Makerere University without upsetting the seven-day-a-week
programme of the University. This is because university programmes
commence at 7.30 am in the morning and go up to 10.00 PM in the
evening. Students had proposed that examiners setting exams on
Saturdays would do so in the evening when Adventist students can sit
them. (Sabbath begins on Friday evening and ends Saturday sundown).
Alternatively Adventist students could be confined till sundown on
Saturday to avoid contact with other students who have done exams in
the morning and they do theirs from sundown onwards. These days some
University programmes start at midnight! Students agreed that they
were able to catch with from fellow students if lectures are conducted
on Saturdays even if they skipped such lectures. This was considered
by SDA students as a minor inconvenience but not examinations that
drastically affects academic life. Moreover there are only four
possible Saturdays in each semester when examinations may be held.
Because Makerere University could not accept
these alternatives the students have sought to have the matter finally
put to rest by the Constitutional Court of Appeal, which is the
Supreme Court of Uganda and composed of seven judges. Unfortunately
because the Supreme Court at the time of this article had only six
judges, they lacked quorum and the appeal was not heard early this
year. Apparently the Registrar of the Supreme Court is waiting for the
appointing authority to appoint additional Judges so that a quorum is
made and the appeal fixed for hearing. Recently we learnt that the
Government had to move a Judge from the Court of Appeal to Supreme
Court only for purposes of hearing its appeal in a constitutional
matter so that there was a quorum of seven judges. Unfortunately this
judge went back to the Court of Appeal immediately after hearing the
Governments Appeal.
MUSDAA,
the SDA Christians and the Church institution are all waiting for the
appeal to be heard and for the Supreme Court to determine the future
of SDA students on Government sponsored courses in Makerere. Moreover
some courses like medicine, engineering and law are not offered in
other Universities (i.e. Bugema University (run by SDA’s). As
Christians our Constitution’s preamble captures Uganda’s Motto
“For God and My Country”. Will the University put God First? While
we await the final interpretation of the Law about the legal position
by the Supreme Court, let God Fearing Christians pray that the test
given to the Lords Fourth commandment through the SDA students
triumphs with victory to the 4th commandment. My prayer is
that all people who appreciate laws such as that against killing,
adultery, stealing etc understand and obey God’s commandments. May
God bless you abundantly.
Name
withheld on Request
|