Uganda’s Fight Against Exam Malpractice: The UNEB Act 2021 in Action

In October 2023, six individuals, including headteachers from primary schools in Kasanda and Kikuube districts, were remanded to Luzira Prison for allegedly purchasing fake Primary Leaving Examination (PLE) papers. Just a year later, at the start of the 2024 PLE season, police in Kampala arrested a director of studies and three teachers suspected of circulating fake PLE papers through a WhatsApp group. These incidents demonstrate the prevalence of malpractice and the importance of the UNEB Act in protecting exam standards.

The UNEB Act of 2021 sets strict guidelines to deter malpractice, defining it as any intentional act to gain an unfair advantage. It criminalizes actions including unauthorized possession of exam materials, impersonation, and tampering with exam results. The Act empowers UNEB to enforce compliance and safeguard the integrity of Uganda’s examination system.

Key offenses include:

1. Unauthorized Access to Exam Materials: Holding or distributing exam papers without authorization is a criminal offense. The recent PLE-related arrests illustrate the ongoing misuse of digital tools like WhatsApp for unauthorized sharing, emphasizing the need for vigilance.

2. Cheating and External Assistance: Any form of external aid, whether through unauthorized materials or digital means, is strictly prohibited. Organized malpractice, especially involving educators, presents a unique challenge to UNEB’s enforcement.

3. Impersonation and Result Manipulation: Registering under a false identity or taking an exam on someone else’s behalf are serious offenses with strict penalties. Likewise, unauthorized tampering with scores is punishable under the Act.

Consequences for Exam Malpractice

The UNEB Act enforces substantial penalties to deter malpractice:

• Fines and Imprisonment: Offenders face fines up to two thousand currency points (about 20 million Ugandan shillings) or prison terms of up to ten years.

• Result Nullification and Exam Center Suspension: UNEB has the power to cancel exam results for involved candidates and suspend or deregister centers found complicit in organized cheating.

• Professional Consequences for Educators: Teachers found guilty of aiding malpractice can face disciplinary action, including suspension or loss of their teaching licenses. This provision is intended to discourage involvement from educational staff and institutions.

UNEB’s Investigative and Enforcement Powers

The Act grants UNEB extensive authority to prevent and investigate malpractice. UNEB can conduct in-depth investigations, summon witnesses, and withhold results pending the outcome of inquiries. In high-risk cases, UNEB collaborates with the Uganda Communications Commission to control digital communication around exam centers, reducing the likelihood of electronic malpractice.

Challenges and Areas for Improvement

While the UNEB Act provides a strong framework for enforcement, some limitations have emerged in practice:

1. Persistent Malpractice Despite Penalties: Although the Act prescribes severe penalties, incidents of malpractice continue, as seen in recent arrests. Addressing systemic issues, such as academic pressures and resource gaps, may be necessary alongside enforcement.

2. Institutional Accountability: The Act focuses primarily on individual offenders, while holding school administrations more accountable could discourage organized malpractice at the institutional level.

3. Impact of Exam Cancellations: Cancelling exams often impacts innocent students at compromised centers. UNEB might consider targeted, case-by-case investigations instead of broad cancellations, to prevent penalizing uninvolved students.

4. Logistical Challenges in Digital Surveillance: Implementing digital restrictions across all exam centers, particularly in rural areas, remains challenging. UNEB could benefit from additional resources and technological support to monitor digital activities more effectively.