Why Parliament Has no Powers to Scrap LDC Pre-entry Exams
Kadaga Clarifies on Scrapping LDC Pre-entry Exams
The Uganda Law Society (ULS) has responded to Parliament’s attempt to scrap pre-entry exams to the Law Development Centre.
Press reports had claimed that MPs had scrapped off the pre-entry exams.
But ULS president Simon Peter Kinobe, in a statement, said parliament had no powers to order the scrapping of the exams.
According to Kinobe, ” Parliament is not clothed with the said mandate, jurisdiction and or authority” to scrap off the exams.
ULS President Simon Peter Kinobe’s Explanation
The Advocates Act, 2002, gives the Law Council the mandate to exercise through the medium of the Committee on Legal Education and Training, general supervision and control over professional legal education in Uganda including continuing legal education for persons qualified to practice law in Uganda.
Therefore, we are of the view that it is the mandate of the Law Council to regulate the preentry exams, assess its relevance and determine its removal and not Parliament.
Furthermore, the Law Council derives this mandate from the Advocates Act Legal Notices 12 of 2010 and 17 of 2007 which require people to be admitted to the Bar Course after taking an examination. It provides that, “the exam shall be based on knowledge obtained from an approved law degree, aptitude and the values an applicant attaches to the legal profession”.
These regulations were enacted for purposes of quality and standards control and are law in force. Therefore the issue of pre-entry is a creature of Law.
Also note that there are clearly spelt out procedures and processes for setting aside a law and a directive of parliament is not one of the said procedures.
Kinobe, Kadaga Meet
Meanwhile, Speaker of Parliament on Monday told Kinobe and other ULS leaders that “Parliament simply passed a recommendation for the Executive to decide whether to adopt the recommendation” of scrapping the exams or not.
For close to five decades now, LDC remains the only law school offering post-graduated diplomas in legal practice since its establishment in 1970.