Makerere University: Lecturer Steps Aside Amid Sexual Harassment Probe

Makerere University in Uganda ordered senior lecturer Dr Faisal Buyinza to step aside from his leadership and administrative duties on October 7, following an investigation into allegations of sexual harassment, abuse of power, and domestic violence raised by his former wife, Hanifah Nakiryowa.

The university's decision came after growing public attention to the allegations, which include claims that Dr Buyinza abused his position as a lecturer in the early 2000s by allegedly withholding examination results until Nakiryowa agreed to a relationship. The university has since appointed a six-member committee, chaired by Associate Professor Dorothy K. Okello, to investigate these new allegations under its Safeguarding Policy, Policy and Regulations Against Sexual Harassment, and applicable staff disciplinary procedures. Dr Buyinza denies all allegations. The excerpt also revives past allegations from 2011 concerning an acid attack on Nakiryowa, for which Dr Buyinza was arrested and charged with attempted murder; however, that criminal case was discontinued in July 2014 due to the prosecution's failure to produce witnesses, leading to his discharge without conviction.

This development carries significant legal weight for practitioners, particularly those advising educational institutions and public bodies in Uganda. It underscores the critical importance of robust internal disciplinary frameworks and safeguarding policies within universities to address serious allegations of misconduct, especially those involving power imbalances. The case highlights the reputational and legal risks institutions face when such allegations surface, demanding prompt and transparent action. Furthermore, it illustrates the complex interplay between past criminal proceedings (where a discharge occurred without conviction) and new administrative investigations, demonstrating that the conclusion of one legal process does not necessarily preclude further scrutiny under different institutional or regulatory frameworks.

The legal context for this matter primarily involves Makerere University's internal policies, specifically its Safeguarding Policy, Policy and Regulations Against Sexual Harassment, and general staff disciplinary procedures. These internal regulations provide the framework for the ongoing investigation and any subsequent administrative actions. The earlier criminal proceedings against Dr Buyinza for attempted murder were handled by the Buganda Road Court, where the case was discontinued, leading to his discharge. This distinction between a discharge and an acquittal is crucial in Ugandan criminal law, as a discharge does not equate to a finding of innocence but rather the termination of proceedings without a conviction. Key parties include Makerere University, Dr Faisal Buyinza, Hanifah Nakiryowa, and the investigative committee chaired by Associate Professor Dorothy K. Okello.

Attorneys advising educational institutions should proactively review and strengthen their sexual harassment and safeguarding policies, ensuring they are comprehensive, clearly communicated, and provide fair processes for both complainants and respondents. They should also advise on managing public and media relations during such sensitive investigations to protect the institution's integrity. For individuals facing similar allegations, it is imperative to understand the distinct nature of administrative investigations versus criminal proceedings, and to seek counsel that can navigate both the institutional disciplinary framework and potential legal challenges. The outcome of this internal university investigation is not yet reported, and practitioners should monitor its progress for insights into the enforcement of institutional policies.