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This last week has seen hundreds of schools holding dedication days for their primary leaving candidates. This relatively new practice – less than 12 years in the making, looks innocent on the surface, but a lot has been going on behind the scenes.

To the average parent, it looks like a call to go and pray for one’s child and hopefully enable them to succeed in the coming exams. I attended a dedication ceremony recently and realized that much more is at play.

After the formal prayers were concluded, there were school heads from schools parents had never even heard of, or dreamed of sending their learners to. These school heads were laden with gifts, success cards and a speech for the candidates, at which they were being encouraged to consider these their new homes, after January 2027, when the PLE results are in.

The students had been rehearsing for a performance, which they put on to great effect. Two of the headteachers then picked out some of the students and offered them bursaries for senior one to senior four.

Quite the attractive package for parents hustling to find the tuition fees to pay for learners, in this economically bleak times.

But who are these school heads, and why were they at the primary school in the first place? The answer lies far from the amphitheater where all these events were happening. The secondary schools, mostly private entities, are using some of these primary schools as hunting grounds for candidates.

The primary schools appreciate the gesture, as it comes with some revenue from the visitors. The dedication ceremonies represents much needed revenue from the secondary schools in exchange for a platform to lure students for the next learning level.

In some secondary schools, this practice is even more pronounced where some unknown high schools tend to assure senior four candidates of all manner of treasured learning and sports facilities, as well as affordable tuition at these campuses, if the candidates agree to join them for senior five.

This unregulated practice among school heads started over a decade ago as a measure of moving away from the archaic practice, where parents ‘cautioned’ their children against failing their exams, often with threats of severe punishment, if they don’t meet the expected outcome – success. It was reasoned that the students needed more divine help, rather than threats of pain and regret, if they don’t pass.

Dedication days seemed to be going well in the beginning, but when opportunity meets need, a lot of issues can go sideways, if unregulated.

Right now schools looking for students to fill their classrooms at the next learning level have met institutions looking to send their candidates to next academic journey. And some have decided that those in need must pay for the opportunity offered.

Right in the middle are the parents and their children who have no idea that they are part of a lucrative annual transaction. For now, it is too early to worry about who benefits or loses out in this transaction.

Doctors say late pregnancies reflect fertility treatment and changing lifestyles, not a shift in when women reach menopause.

When she walked into Dr Charles Masiko’s clinic at 45, she was pregnant for the first time. There had been no fertility treatment, no hormones, no procedure. She had simply conceived naturally, at an age when many women are approaching the end of their reproductive years.

Two years later, she is back in his consulting room. At 47, she is pregnant again, and Dr Masiko says this pregnancy, too, was conceived naturally. When the pregnancy was confirmed, he says, she struggled to believe she was expecting another baby. He describes her as a woman who keeps fit and eats well.

Dr Masiko, a gynaecologist at Kawempe National Referral Hospital and La Bridge Hospital in Lusanja, says he is seeing more women starting families later than their mothers did.

A woman of 35 who is only just beginning to have children no longer surprises him. But a pregnancy at 47 raises a question that goes beyond the age at which women are having babies: if motherhood is possible later in life, does that mean menopause is also happening later?

The distinction matters because the ability to carry a pregnancy and the age at which a woman reaches menopause are not the same thing.

What fertility treatment can and cannot do

Safinah Namukwaya’s pregnancies brought that distinction into sharp focus. In 2020, at 64, she gave birth to a baby girl after in vitro fertilisation (IVF) using donor eggs. In November 2023, at 70, she delivered twins, a boy and a girl, through another IVF pregnancy.

Her pregnancies were made possible by fertility treatment, not by her ovaries continuing to release eggs into her seventies. Once a woman has reached menopause, donor eggs can make pregnancy possible if she is medically suitable for treatment and her uterus can carry the pregnancy.

According to Dr Edward Tamale Ssali, director of the Women’s Hospital International and Fertility Centre in Bukoto, Kampala, Namukwaya was the 25th woman above 50 to conceive through IVF at his centre.

The hospital operates an egg-sharing programme through which eggs donated by eligible IVF patients can be used to help other women conceive.

The treatment, however, raises questions beyond the medical possibilities. Uganda has long operated without a specific law governing assisted reproductive technology. The Human Assisted Reproductive Technology Bill, 2023, which was tabled in Parliament in March 2024 to regulate the sector, had yet to become law at the time of reporting.

Namukwaya’s story demonstrates what fertility treatment can achieve, but it should not be confused with a change in the natural ageing of the ovaries.

‘Women are not reaching menopause later,’ says Dr Vincent Karuhanga, a general practitioner at Friends Polyclinic in Kampala. He says the pregnancies that attract attention are better understood as examples of what fertility treatment can make possible, rather than evidence that the age of menopause is changing.

The woman pregnant at 47 presents a different case. Her pregnancies occurred without medical assistance, making them unusual at her age. Dr Masiko says natural conception becomes increasingly uncommon as women grow older, although it is not impossible before menopause. She is not the only one in her family, she says: her sister conceived naturally at 50.

Why women are starting families later

A woman’s natural fertility declines with age as the number and quality of her remaining eggs decrease. As the ovaries age, the likelihood of conception falls, while the likelihood of chromosomal abnormalities in eggs increases. These changes affect both the chances of becoming pregnant and the risk of miscarriage.

By menopause, the ovaries have stopped releasing eggs, making natural conception no longer possible. Fertility treatment may sometimes overcome the barrier to pregnancy by using donor eggs or previously frozen embryos, but it does not reverse the natural ageing of a woman’s ovaries.

The reasons women begin families later vary. Dr Masiko points to women pursuing higher education and careers before having children. Dr Karuhanga says some want financial security before taking on the cost of raising a family. Others take longer to find a partner or experience difficulties conceiving. These circumstances can mean that a woman begins trying for a child when her natural fertility has already declined. Some then seek medical assistance, while others may conceive naturally, as the 47-year-old patient did.

What late pregnancy means

Being able to conceive is not the same as being medically fit to carry a pregnancy. Pregnancy at an older age is associated with increased risks for both mother and baby, including high blood pressure disorders during pregnancy, gestational diabetes, miscarriage and preterm birth. The likelihood of some complications rises with age, and existing medical conditions may increase the risks further.

The age of the egg also matters. As women grow older, their remaining eggs are more likely to have chromosomal abnormalities, increasing the risk of miscarriage and certain conditions affecting the baby. Using donor eggs changes the age-related risks associated with the egg, but it does not remove the risks associated with the age and health of the woman carrying the pregnancy.

Namukwaya’s first delivery illustrated why pregnancies at very advanced ages require close medical attention.

Dr Herbert Kalema, a gynaecologist at Masaka Regional Referral Hospital, told the Daily Monitor that Namukwaya arrived with abdominal pain, high blood pressure, difficulty breathing and swollen legs. Her doctors opted for a caesarean delivery at eight months.

For the woman pregnant at 47, Dr Masiko says he is managing the pregnancy through monthly antenatal appointments. Her case illustrates why a pregnancy at this age needs medical supervision rather than assumptions based on how healthy or physically fit a woman appears.

For women considering pregnancy later in life, a discussion with a qualified health professional is important. Their age, existing medical conditions and individual circumstances all matter when assessing whether pregnancy is advisable and what monitoring may be required.

The point is not that every pregnancy in the forties will have complications. Rather, the risks change with age, and women need accurate information to make decisions about their reproductive health.

When does menopause actually happen?

Menopause is confirmed after 12 consecutive months without menstruation, provided there is no other medical explanation.

According to the World Health Organisation, most women experience natural menopause between 45 and 55 years.

During perimenopause, periods may become irregular, but pregnancy remains possible if ovulation continues.

However, conceiving in one’s forties does not mean menopause will occur later, and there is insufficient evidence that Ugandan women are reaching menopause later than previous generations.

When should you seek fertility advice?

Women aged 40 and above who wish to conceive should seek medical advice early rather than spend months trying without understanding their fertility prospects.

A fertility assessment may examine ovarian function, menstrual history and other factors affecting conception. Depending on the findings, a doctor may discuss natural conception, assisted reproductive techniques or other options.

Women who become pregnant in their forties also need early antenatal care because pregnancy at an advanced maternal age carries higher risks, including miscarriage, gestational diabetes, high blood pressure and chromosomal abnormalities.

The High Court Commercial Division in Kampala has ordered the estate of the late former Supreme Court judge, Prof. George Wilson Kanyeihamba, to pay Shs45 million in damages to a researcher for illegally using his original work in a revised law textbook without acknowledgment or compensation.

In a landmark ruling delivered by Justice Stephen Mubiru, the court held that the late jurist infringed on Mr. Yusuf Kiwanda’s copyright by incorporating the researcher’s independently developed material into a revised version of his 1975 book, Constitutional Law and Government in Uganda, which was later republished under the title Evolution of Constitutional Law, Public Law and Government.

The legal battle stems from an extensive editorial overhaul undertaken by Mr. Kiwanda, who updated the legal authorities of the original 14-chapter text and authored seven entirely new chapters-expanding the final manuscript to 21 chapters. Despite using the completed manuscript verbatim, Prof. Kanyeihamba stripped Mr. Kiwanda’s name from the published work, altered the title, and replaced the preface.

Although Prof. Kanyeihamba passed away on July 14, 2025, before the suit was finalized, Justice Mubiru ruled that the suit could legally proceed against his estate because copyright claims involve property rights and financial interests that survive a defendant’s death.

“The plaintiff’s contributions were the product of his own independent efforts; he had conducted the research, authored new chapters, updated existing content with contemporary case law and statutory provisions, and produced the complete manuscript,” Justice Mubiru observed. “The published book was identical to the plaintiff’s manuscript, demonstrating that the defendant had made no independent creative contribution to the revised content but had instead removed Mr Kiwanda’s name and changed the title and preface.”

Justice Mubiru held that Mr. Kiwanda’s extensive additions qualified as an original derivative work deserving full protection under Ugandan law. “Publishing the revised manuscript without Mr Kiwanda’s permission and presenting the work as Prof Kanyeihamba’s own amounted to copyright infringement and reverse passing off,” the judge ruled.

The court noted that Prof. Kanyeihamba had previously offered Mr. Kiwanda Shs1 million for his services, an act the judge said implicitly acknowledged that the researcher had performed valuable, independent professional work. Testimony from key witnesses, including Panamaline Books director Macharia Muriuki, further corroborated Mr. Kiwanda’s central role in generating the manuscript.

Evaluating the remedy, Justice Mubiru awarded Mr. Kiwanda Shs30 million in general damages and an additional Shs15 million in exemplary (punitive) damages, noting that the infringement involved the entire manuscript rather than a minor excerpt. He cited legal precedents, including Angella Katatumba Vs The Anti-Corruption Coalition of Uganda and Annette Najjemba Vs MK Publishers Limited, to reinforce that copyright infringement constitutes a breach of property rights where damages can be awarded regardless of specific financial loss.

Addressing the disparity in academic standing between the two parties, Justice Mubiru emphasized that the exemplary damages were necessary to send a clear message to the academic community. He noted that the Shs15 million punitive fine would “serve to punish Prof Kanyeihamba’s high-handed conduct and deter similarly situated authors from exploiting research assistants and co-creators.”

Addressing whether punitive damages could be levied against a deceased person’s estate, Justice Mubiru clarified that while Section 13(2)(a) of the Law Reform (Miscellaneous Provisions) Act bars exemplary damages when a claim is brought for the benefit of a deceased plaintiff’s estate, no such statutory restriction applies to actions brought against the estate of a deceased defendant.

Beyond the Shs45 million damages award, Justice Mubiru issued a permanent injunction restraining Prof. Kanyeihamba’s estate, agents, and successors from publishing, distributing, or selling the book without properly crediting Mr. Kiwanda as a co-author. The court further ordered the immediate seizure of all unsold copies in stock.

While the court rejected Mr. Kiwanda’s claim for a 30 percent royalty share under an alleged oral contract-reasoning that copyright exploitation agreements must be in writing and signed to be contractually enforceable-it nevertheless ordered the estate to account for all proceeds realized from book sales and pay 30 percent of the gross proceeds to Mr. Kiwanda based on his joint ownership of the derivative work.

All financial awards will attract a six percent annual interest rate from the date of judgment until full payment. The court specified that enforcement of the decree against the estate will be limited to property that has validly passed into the hands of the late judge’s legal representatives.