Professor Danwood M Chirwa of the University of Cape Town (Department of Law) has reacted to the decision made by Unima Council and we are sharing with you his opinion which he posted on his official facebook page;
Wirima seems to have managed to mislead other members of UNIMA council to ignore the law and delay the delinking of UNIMA colleges. He’s acting out of an apparent self interest.
As a proprietor of one of the private clinics, his actions and those of his conspirators have an adverse impact on the College of Medicine which has in recent years established a bourgeoning college clinic and stands to benefit the most, along with Chancellor College, from the delinking.
Wirima and some in council also have misplaced loyalty to Kamuzu Banda, who in truth could not have intended that UNIMA remains stultified under the weight of the current structure.
There can be no doubt that the delinking will improve and strengthen all the affected colleges and create opportunities for the expansion of higher education in the country.
Unfortunately, Wirima is one of the untouchables of the current government. His unlawful acts might thus be condoned, if the government has not already aided him in the commission of this serious unlawful act.
The man seems to be above the Minister of Education. She must put him in his place. He’s retrogressive and must be removed if he doesn’t resign.
If Malawi was a country that adhered to the rule of law, Wirima would have been dismissed as chair of council with immediate effect.
Contrary to the allegation he and his fellow council members have made that the previous council acted unlawfully, it is his council that has acted unlawfully.
His council has no power to derail the delinking. The Act he is purporting to rely on was superseded by later Acts. UNIMA council is not above Parliament.
In any case, his council cannot rescind a previous decision of council without a court order. The technical jargon he must look up is ‘functus officio’.
In short, Wirima’s council has made a decision that is without any legal effect.
All right thinking members of UNIMA must reject it and insist that the law is implemented and the delinking is done.
I still believe my Council followed all the required procedures, the Old UNIMA’s Act was repealed and New Acts of establishing New Universities were put in place. I still believe the Current Council cannot reverse the whole process and stop just like that without going back to Parliament.