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Private teachers oppose stringent penalties in UNEB bill

The education committee chairperson Jacob Opolot

Kampala , Uganda |  THE INDEPENDENT | Private school teachers have opposed a clause in the Uganda National Examinations Board Amendment Bill 2020 that provides for deregistration of the examination center of a school that is involved in misappropriating examination registration fees.

The private teachers led by Hasadu Kirabira, the Vice Chairperson of the National Private Schools Teachers Association expressed their objection in a meeting with the Education Committee of parliament on Wednesday. The committee is currently scrutinizing the bill.

Section 32(1) of the UNEB Amendment Bill 2020 proposes a fine not exceeding Shillings 40m or a term of imprisonment not exceeding 10 years or both for anyone convicted of misappropriating examination fees. Subsection 2 however notes that in addition to this penalty the person convicted shall pay back the money collected to the concerned students and the exam board shall cancel the registration of the affected examination center.

Kirabira told the committee chaired by Pallisa County MP, Jacob Opolot that it would be unfair to withdraw the school examination center number over the actions of one selfish individual.

He also suggested that children whose fees have been swindled be accommodated in order to sit for their exams as opposed to being punished for the acts of a rogue individual.

The Jonam County MP, Emmanuel Ongiertho concurred with Kirabira noting that even though the burden to recruit morally upstanding employees falls on the school administration, it would be unfair to withdraw a center number for such an offence.

The private teachers association also called for a specific time frame to be stipulated within, which investigations into cases of alleged exam malpractice should be concluded. Section 5(2) b of the bill gives UNEB powers to conduct investigations into allegations of malpractice as it may consider necessary and during the investigations with hold the examination results of any candidate until inquiries are concluded. 

Kirabira notes that investigations usually drag on indefinitely to the detriment of the reputation of the school being probed.

Alex Sseruwu, the Secretary National Private Schools Teachers Association also objected to a clause relating to unauthorized possession of examination papers, material and information.

Sseruwu directed MPs to section 25(4), which states “For the purposes of proving an offence under this section it shall not be necessary for the prosecution to prove that the examination paper, examination material, any other material or information is genuine or not.”

Sseruwu says this clause is not in tandem with common law since the burden of proof in Ugandan courts lies with the prosecution.

The Uganda National Examinations Board Amendment Bill 2020 seeks to repeal the UNEB act Cap 137 that was enacted in 1983. The education ministry says there are new and emerging issues due to the changing educational and technological revolution that require review and additional provisions in the law to address them.

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