MEMORANDUM
1.
The Purpose /
Rationale of the Bill
The purpose of
the Bill is to create an enabling legal regime that is calculated to improve
the quality of legal education in Uganda. Universities in Uganda today churn
out hundreds of lawyers every year, who are so undertrained and ill-equipped
that they can hardly help anyone with the simplest legal problem. There is too
much theoretical cram-work and too little practical training, thus rendering
our universities a mockery of themselves as bastions of knowledge. There is not
much real learning going on in universities – and that is really very
embarrassing.
Consequently,
the Bill aims at producing graduates who are thoroughly educated, well trained
and equipped, to effectively handle important legal and other development
matters. Graduates of law should be truly useful as such to society. For
instance, they should be employable. By and large, this is not the case today.
The Bill
recognizes that it is uneconomic for Government to continue funding
postgraduate legal education, yet there are many viable alternative avenues for
even better quality training at accredited public and private universities. It
is the spirit of the Bill that Government should cut costs, by mainly
concentrating on regulation and supervision – not actual service delivery.
The Bill
appreciates that unlike creating more “LDCs,” the de-monopolization of the Bar
course by devolving it to universities is cheaper and therefore more affordable
for Ugandan taxpayers, since universities already have the necessary
infrastructure and materials to ably teach the course’s components. Creating
more “LDCs” will require land, furniture, reading materials, staff members and
so on. It is very costly for Government and definitely time consuming.
2.
The Objectives
of the Bill
The objectives
of the Bill are:
(a) To impart quality knowledge in students and produce lawyers of high academic standards, who are competent to handle complex legal matters.
(b) To
reduce the time spent in school by prospective lawyers, by reducing the current
study period of five years to four years, so that eventual graduates can use
the extra time for more productive things like pursuing further education or
getting absorbed into the job market.
(c) To
create employment and other related opportunities for law practitioners and support
staff at universities and other tertiary institutions, due to more teaching
needs.
(d) To
bring service delivery closer to the people of Uganda, through established
universities and other tertiary institutions, in line with Government’s
decentralization and liberalization policies and strategies.
(e) To
reduce the financial burden on the Government of Uganda and donor community,
through incurring unnecessary expenses, by funding postgraduate legal education
at the Law Development Centre, whose services can be better provided by other
service providers, particularly universities and other tertiary institutions.
(f) To
streamline and harness the regulatory and supervisory frameworks of the National
Council for Higher Education and the Law Council, already existing at
university level, in order to ensure good quality teaching and high learning
standards.
3. Summary of the
Bill
3.1. Part
1 of the Bill, incorporating clauses 1 to 4, deals with preliminary matters
relating to its short title, application, commencement and interpretation of
words and phrases used.
3.2. Part
2 of the Bill, incorporating clauses 5 to 11, deals with defining legal
education and training, its objectives and regulation, empowers universities
and other tertiary institutions to conduct legal education and training,
introduces mandatory practical sessions, introduces national law examinations
and addresses holders of foreign legal qualifications.
3.3. Part
3 of the Bill, incorporating clauses 12 to 14, provides for special
arrangements for holders of recognized degrees in law, repeals the Law
Development Centre Act, Cap. 132 and provides for dealing with the Centre’s
assets and liabilities.
3.4. Part
4 of the Bill, incorporating clauses 15 to 16, provides for miscellaneous
provisions on offences and penalties for obstructing Council officers and
omissions to carry out duties primarily imposed by law. It also empowers the
responsible Minister to make regulations to give effect to the Act.
3.5. The
Schedule of the Bill gives the value of the currency point.
Bakampa Brian
Baryaguma
Initiator of the Bill
Mobile: +256753124713
Email: bakampasenior@gmail.com
Web: www.huntedthinker.blogspot.ug
THE LEGAL
EDUCATION AND TRAINING BILL, 2022
––––––––––––––––––––––––––––––––––
ARRANGEMENT OF
CLAUSES
––––––––––––––––––––––––––––––––––
PART 1 –
PRELIMINARY
- Short
Title
- Application
- Commencement
- Interpretation
PART 2 – PROVISION
OF LEGAL EDUCATION AND TRAINING
- Legal
Education and Training Defined
- Objectives
of Legal Education and Training
- Regulation
of Legal Education and Training
- Universities
and Other Tertiary Institutions to Provide Legal Education and Training
- Mandatory
Practical Sessions
- National
Law Examination
- Holders
of Foreign Legal Qualifications
PART 3 –
TRANSITIONAL PROVISIONS
- Special
Arrangements for Holders of Recognized Degrees in Law
- Repeal
and Savings
- Assets
and Liabilities of the Law Development Centre
PART 4 –
MISCELLANEOUS
- Offences and Penalties
- Regulations
SCHEDULE
Currency Point
A BILL FOR AN
ACT
ENTITLED
THE LEGAL EDUCATION AND TRAINING ACT, 2022
An Act to regulate legal education and training in
institutions of higher learning; combine postgraduate practical legal training
with undergraduate academic legal education; repeal the Law Development Centre
Act, Cap 132; and to provide for other related matters.
BE IT ENACTED by
Parliament as follows:
PART 1 – PRELIMINARY
1.
Short Title
This Act may be
cited as the Legal Education and Training Act, 2022.
2.
Application
This Act shall
apply to institutions of higher learning offering undergraduate law programs.
3.
Commencement
(1)
This
Act shall come into force on a date appointed by the Minister, by statutory
instrument.
(2)
The
Minister may appoint different dates for different provisions of this Act.
4.
Interpretation
In this Act,
unless the context otherwise requires–
(a)
“Act”
means this Act;
(b)
“agent”
means employee, delegate, contractor, including an independent contractor;
(c)
“ICT”
means Information Communication Technology;
(d)
“Law
Council” means the Law Council established under the Advocates Act, Cap. 267;
(e)
“Minister”
means the Minister responsible for education;
(f)
“National
Council” means the National Council for Higher Education established under the
Universities and Other Tertiary Institutions Act, 2001;
(g)
“person”
means natural, or corporate entities;
(h)
“tertiary
institution” means a public or private institution, duly established or
registered under the Universities and Other Tertiary Institutions Act, 2001;
(i)
“university”
means a public or private university, duly established or registered under the
Universities and Other Tertiary Institutions Act, 2001.
PART 2 –
PROVISION OF LEGAL EDUCATION AND TRAINING
5.
Legal Education
and Training Defined
For purposes of
this Act, legal education and training means academic and practical teaching in
courses of study in substantive and procedural law, including but not limited
to, lectures, tutorials, moots, clerkship, examinations and research, leading
to the award of certificates, diplomas, or degrees.
6.
Objectives of
Legal Education and Training
The objectives
of legal education and training shall include, but not limited to, the
following –
(a)
to
teach students laws, principles and concepts of the laws, for the acquisition
of legal knowledge, professional skills and experience;
(b)
to
teach students to apply the laws, legal principles and concepts, to real-life
situations;
(c)
to
provide training on the basic skills of legal practice such as drafting, adjudicating,
counseling, negotiating and advocacy techniques; and
(d)
to
guide students on professional behavior and conduct.
7.
Regulation of
Legal Education and Training
(1)
The
Law Council shall supervise and control legal education and training in Uganda,
in consultation with the National Council.
(2)
Supervision
and control shall entail setting accreditation standards for law faculties and
schools, including admission requirements, approving courses of study, duration
of study, classroom space and facilities, ICT connectivity, library facilities
and management, professional qualifications of academic staff and teaching
methods.
(3)
In
case of conflicting views between the Law Council and the National Council, the
latter shall prevail.
8.
Universities and
Other Tertiary Institutions to Provide Legal Education and Training
(1)
A
university or tertiary institution may provide legal education and training
courses to students wishing to pursue studies in law.
(2)
The
head, by whatever title called, of a department, faculty, or school of legal
education and training, of a university or tertiary institution, shall, within
three months of the close of the academic year, submit annual quality assurance
reports to the Law Council and the National Council.
(3)
The
annual quality assurance report shall state the following –
(a)
quality
of academic staff and their qualifications;
(b)
staff
development programs;
(c)
ratios
of staff to students;
(d)
content,
design and duration of courses of study;
(e)
quality
of teaching and examination methods;
(f)
availability
of facilities, notably classroom space, staff office space, library, ratios of
books to students and ICT connectivity; and
(g)
quality
of graduates in the job market.
(4)
The
Law Council, in consultation with the National Council, may within three months
after receiving the annual quality assurance report, make binding
recommendations to the reporting department, faculty, or school of legal education
and training.
9.
Mandatory
Practical Sessions
(1)
A
university shall administer practical legal training to students in the third
year and fourth year of study, including, but not limited to, legal drafting,
moot sessions and clerkship.
(2)
Nothing
in this section shall prevent a university from administering practical legal
training earlier.
10.
National Law
Examination
(1)
The
Law Council shall set a national law examination to be sat for by–
(a)
degree
students, in the last semester, of the last academic year of study;
(b)
diploma
students, in the last term, of the last academic year of study.
(2)
A
degree student who passes the national law examination may apply for admission
to the Roll of Advocates in Uganda.
(3)
For
avoidance of doubt, management of the national law examination shall be within
the sole discretion and mandate of the Law Council, without recourse to the
National Council.
11.
Holders of
Foreign Legal Qualifications
(1)
A
person, being a citizen of Uganda, or ordinarily resident in Uganda, who holds
a law degree or other equivalent legal qualifications, from an institution
outside Uganda, shall enroll in a university in Uganda of his or her choice, to
study and be examined in core subjects, designated by the Law Council, by
regulations.
(2)
For
purposes of this Act, a person is ordinarily resident in Uganda, if he or she
has a permanent place of abode in Uganda, or exhibits an intention never to
leave.
PART 3 –
TRANSITIONAL PROVISIONS
12.
Special
Arrangements for Holders of Recognized Degrees in Law
(1)
A
university may make special arrangements relating to instruction, examination
or otherwise, for the acquisition of professional skill and experience, for holders
of recognized degrees in law, who at the commencement of this Act are not
eligible for admission to the Roll of Advocates in Uganda.
(2)
The
university shall set a special examination for candidates at the end of the
course.
(3)
A
candidate who passes the special examination may apply for admission to the
Roll of Advocates in Uganda.
(4)
For
avoidance of doubt, the institution and management of special arrangements
shall be within the sole discretion and mandate of the university.
13.
Repeal and
Savings
(1)
The
Law Development Centre Act, Cap 132 in force
immediately before the commencement of this Act shall stand repealed at
the full commencement of this Act.
(2)
Any
statutory instrument made under the Law Development Centre Act repealed under
subsection (1) and which is in force immediately before the commencement of
this Act, shall remain in force, so far as it is not inconsistent with this
Act, until it is revoked by a statutory instrument made under this Act and
until that revocation, shall be deemed to have been made under this Act.
(3)
Until
the full commencement of this Act, any authorization granted under the repealed
Act and anything done under that Act shall continue to take effect as if done
under this Act, unless it is expressly or by necessary implication revoked
under this Act.
14.
Assets and Liabilities
of the Law Development Centre
All assets and
liabilities of the Law Development Centre shall be dealt with in accordance
with the laws on winding up in Uganda.
PART 4 –
MISCELLANEOUS
15.
Offences and Penalties
(1)
Any
person, or agent of the person, who–
(a)
obstructs
an officer or agent of the National Council, or the Law Council, in the
performance of his or her duties;
(b)
contravenes
any provision of this Act, or of Regulations
made under it;
by commission, or
omission, commits an offence and is liable on conviction:
(i)
in
case of a natural person, to a fine
of not less than fifty currency points, or to imprisonment for a term not exceeding twelve months, or to both
such fine and imprisonment;
(ii)
in
case of a corporate person, to a
fine of not less than one hundred currency points.
(2)
Where
a person guilty of an offence under subsection (1) is–
(a)
a
body of persons being a body corporate, every director and corporation secretary of the body corporate shall be deemed to be
guilty of that offence;
(b)
a
body of persons being a firm, every partner of that firm shall be deemed to be guilty of that offence.
(3)
No
person shall be convicted for an offence under subsection (2) if he or she proves that the offence
was committed without his or her knowledge,
or that he or she exercised due diligence to prevent the commission of the offence.
(4)
One
currency point shall be equivalent to the amount specified in the Schedule to
this Act.
(5)
The
Minister may, by statutory instrument, after consultation with the minister
responsible for finance, revise the currency point.
(6)
For
purposes of this section, “body corporate” includes an agency, department, or
organ of Government, and “person” includes employees thereof.
16.
Regulations
The Minister
may, by statutory instrument, make regulations for enforcement and better
carrying out of the provisions of this Act.
Cross references:
Advocates
Act, Cap. 267.
Companies
Act, No. 1 of 2012.
Insolvency Act, No. 14 of 2011.
Law Development
Centre Act, Cap. 132.
Universities and
Other Tertiary Institutions Act, 2001.
SCHEDULE
Section 15
One currency
point is equivalent to twenty thousand Uganda shillings.
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