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By Ben Musanje
The Uganda Law Society (ULS) has issued a strongly worded legal opinion challenging the Law Development Centre’s (LDC) administration of the Bar Course, declaring several examination rules “unconstitutional, null and void” and accusing the institution of procedural unfairness affecting more than 800 students.
In a formal response to a petition by affected Bar Course students, ULS President Isaac K. Ssemakadde, SC, said the Society had reviewed the applicable law and concluded that Rules 17(2) and 21(5)–(6) of the LDC Rules Governing the Bar Course (2023, as amended) violate provisions of the Ugandan Constitution, particularly Articles 21, 28, and 42, which guarantee equality before the law, the right to a fair hearing, and fair administrative justice.
Allegations of unfair academic process
The Society also faulted the LDC for what it termed a lack of procedural fairness in handling examinations and appeals for the 2024/25 Bar Course cohort.
According to the statement, over 800 students were allegedly denied access to marked scripts, meaningful appeal mechanisms under internal rules, and the option of supplementary or subject-specific re-sits. Instead, students who failed certain thresholds were reportedly required to repeat the entire programme.
“The LDC’s failure to afford affected students procedural fairness, including access to marked scripts and meaningful appeals, constitutes a breach of the right to just administrative treatment and fair hearing,” the statement reads.
The ULS further argued that many of the affected students had passed a majority of their coursework—some up to 70%—but were still discontinued under what it described as an “outdated classification system” of subjects.
Call for targeted re-sits instead of full repetition
The Society is urging the LDC to reverse its decisions and allow students to repeat only failed subjects within the existing three-year completion window. It also recommends granting full access to examination scripts and establishing an independent remarking mechanism.
It further called for the abolition of Rule 17(2), which it says artificially prioritises certain subjects over others, arguing that all ten Bar Course subjects should carry equal weight under the current curriculum.
Concerns over monopoly and fairness
ULS also raised broader concerns about the structure of legal education in Uganda, noting that the LDC holds a statutory monopoly over the Postgraduate Diploma in Legal Practice—a mandatory qualification for admission to the bar.
The Society argued that such monopoly power, if exercised unfairly, risks turning regulatory authority into what it described as a punitive system that wastes students’ time and resources.
“The LDC has converted a regulatory mandate into a system that punishes partial excellence and forces unnecessary repetition of already mastered coursework,” the statement said.
Legal and comparative arguments
Citing comparative legal education systems, including Kenya and Rwanda, the ULS argued that most jurisdictions allow students to retake only failed subjects rather than restarting entire programmes. It also questioned the proportionality of Uganda’s approach, describing it as “draconian” and inconsistent with international academic norms.
The Society maintained that academic freedom does not shield institutions from judicial review where rules are “irrational, discriminatory, or procedurally defective.”
Disagreement with Attorney General’s opinion
The ULS also rejected advice previously issued by the Attorney General to the LDC on March 31, 2026, stating that procedural validity does not cure constitutional defects.
“A rule that is ultra vires the Constitution gains no legitimacy from formal approval,” the statement reads.
Next steps
The Uganda Law Society said it will formally communicate its recommendations to the LDC management and publish detailed legal reasoning in due course. It has urged reforms to ensure fairness, transparency, and proportionality in Bar Course administration.
The LDC has not yet publicly responded to the ULS statement.
The dispute adds renewed pressure on Uganda’s sole legal training institution as concerns grow among law graduates over examination fairness, administrative transparency, and access to the legal profession. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
