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''The most important missionary journey a person can make is to walk next door'' Anonymous


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

 

 

 

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