The University of Malawi has instructed its lawyers to challenge an injunction which is restraining it from abolishing faculties and creating five schools in the University.
This is contained in a memo written by Acting Registrar of UNIMA Mary Wasili addressed to students at the University.
According to Wasili, the injunction has not affected the delivery of any of the programmes at the University but has stayed the decision to create the schools.
The development comes a few days after law students at the University obtained the injunction restraining and sought permission to apply for judicial review against the decision to abolish the faculties and the establishment of the five schools.
Among others the students argue that the decision by the university of creating the schools and the subsequent appointment of five male Acting Executive Deans for the Schools is unlawful because it contravene Sections 6 (c) and Section 11 (5) (a) of the University of Malawi Act as read together with Section 11 (1) of the Gender Equality Act 2013 which promotes gender equality in terms of appointments.
Secondly, the students argue that the decision to abolish the Faculty of Law also threatens their interests in relation to the regulation of legal education and their connection and relationship with the legal profession in Malawi.
According to the students, the abolishment of the Faculty of Law and the subsequent removal of the office of its Dean will result in the students losing representation in the Malawi Council of Legal Education constituted under Section 6 (1) of the Legal Education and Legal Practitioners Act 2018 and in the Honours Committee of the Malawi Law Society constituted under Section 57 of the said Act, which is integral to the professional and career development of law students.
‘’The Dean of the Faculty of Law of the University of Malawi sits in the Malawi Council of Legal Education which is an important body which regulates legal education in Malawi and in the absence of representation on the Council, the law students in the University of Malawi will be detached from the Council”
Further the students argue that the abolishing of the Faculty of Law and creating the Schools, including the School of Law, Economics and Governance without involving, engaging or consulting them as members of the University of Malawi as stated in Section 4 (1) (o) of the University of Malawi Act is procedurally unfair.
Lastly, the students contend that decision by the Unima Council to appoint five Acting Executive Deans for the instituted Schools is unlawful because under the University of Malawi Act Particularly Section 31 (2), the Defendant only has powers to appoint actual Executive Deans and the position of Acting Executive Dean is non-existent under the Act hence it is illegal.
