Ministers, EALA split on higher education law

A rift between the region’s legislative arm and the Council of Ministers could derail the enactment of a Bill that seeks to harmonise higher education systems in the region.

It is emerging that the Council would advise the heads of state to reject the amendment to the Inter-University Council for East Africa (IUCEA) Bill. In contention is an amendment requiring that universities (both local and foreign) seek permission from IUCEA — being the only body to give such rights of extension into the region — if they want to establish campuses in any of the partner states.

Most members argued this would give ICUEA too many powers and as such there should be a new body charged with regulation and accreditation.

“Our advise was not heeded and the Bill passed with a majority vote. The ministers still have a say and that includes the recommendation to throw out the amendments,” said Peter Munya, Kenya’s assistant minister for EAC Affairs.

Early this month, the Assembly sitting in Kampala adopted the Bill with a majority vote. The Bill seeks to allow university students to move freely across the bloc’s institutions via a credit transfer arrangement. It would make it possible for a student, for example, to enrol at the University of Nairobi for a degree but graduate at the University of Dar es Salaam under a credit accumulation and transfer system.

Mr Munya said the Council of Ministers disputed the proposed capabilities saying that IUCEA should not have “regulatory powers in its current status as its members constituted the institutions it is proposed to accredit.”

“It is not possible for members to regulate themselves. We need a different body to do that,” Mr Munya added.

The clause passed by EALA was to empower the Council to exclusively own accreditation powers. However it has faced intense criticism since debate on it began as it was seen as hijacking duties of existing national institutions.

The main contention has been whether it was right to take away duties legally performed in one way or another by older institutions in the partner states and giving them to a rather newer organ yet to stamp its authority in the region. Kenya’s Commission for Higher Education, Uganda’s National Council for Higher Education, Tanzania’s Commission for Universities, Rwanda’s Higher Education Council, and Burundi’s National Council for Higher Education are presently performing similar duties therefore the new duty given IUCEA was unnecessary.

Despite the furore around the bill, Mr Gervase Akhaabi, EALA member from Kenya, said the bone of contention had been dealt with and that there were no grey areas.

“If a university wants to establish its campuses in any of the member states, it must first fulfil the registration requirements of that country even before the Council gives it a go ahead,” said Mr Akhaabi.

“Laws of the partner states would be considered and registration institutions would also play a part in the accreditation of the foreign universities.”

The original Act became law in 2009 and effectively established the Council to coordinate inter-university cooperation in East Africa in line with the EAC Treaty.