Exams On Muslim Public Holidays Banned By Court

Posted by: Kyeyune Andrew Jonathan in Uganda news May 12, 2021

A permanent injunction restraining UNEB from conducting examinations on any day that is a Muslim holiday has been issued by the court. Some of these days include Idd Adhua and Idd El Fitr.

Five Justices; Fredrick Egonda Ntende, Elizabeth Musoke, Cheborion Barishaki, Muzamiru Kibeedi, and Irene Mulyagonja passed the judgment.

According to the Justices, if an examination happens to coincide with a Muslim religious holiday, and the timetable came out before ascertaining the date, the exam will be postponed.

In 2013, two Muslims, Sadiki Kakaire and Suleiman Isota Magumba filed a petition and its then chairperson, Fagil Mandy. Through their lawyer, the two told the court that the actions of UNEB to organize examinations on Muslim holidays were inconsistent with many constitutional articles.

They named articles that provide for non-adoption of a state religion, fundamental and other human rights which are inherent. In addition to that, equality and freedom from discrimination, respect, and protection from inhumane treatment.

The Muslim community was unhappy

Additionally, they also named some articles on protection of freedom of conscience, expression, movement, religion, assembly, and association.

They provided the court with evidence that pinned UNEB showing such actions took place in 2003, 2004, 2005, 2006, 2012. They added that in 2013, UNEB had organized examinations on Idd Adhua day but were reportedly forced to reschedule the examinations.

This came after pressure from the Muslim community.

Despite the government declaring it a public holiday, Fagil Mandy insisted that the exams would go on as scheduled on Idd Adhua day. For this very reason, the Muslim community had to sue him.

The decision to observe Muslim religious holidays comes as they prepare to celebrate Idd Elfitr on Thursday this week.

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