Law professor says University of Malawi council acted unlawfully in stopping colleges delinking
An outspoken South Africa-based law professor has bashed the University of Malawi (Unima) council for stopping the delinking of university colleges, saying Unima has acted unlawfully.
Professor Danwood Chirwa says the Unima council chairperson professor Jack Wirima for acting in self interest.
“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,” says Chirwa.
He says Wirima and some in the 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.
He says 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,” says Chirwa.
He says 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, Chirwa says, it is his council that has acted unlawfully.
Chirwa says the 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“The Act he is purporting to rely on was superseded by later Acts.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’,” he says.
Chirwa says Wirima’s council has made a decision that is without any legal effect, saying all right thinking members of UNIMA must reject it and insist that the law is implemented and the delinking is done.
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Two issues here.
1) Following the law when doing things being the first. This reversal of the de linking decision is clearly illegal.
2)Improving tertiary education in Malawi is the second issue. Several reputable universities in the world have so many colleges but their performance is not as bad as ours.
For me, the issue here should be about following the law but thinking that de linking UNIMA is the silver bullet to improve tertiary education in Malawi is laughable. Just because LUANAR is performing well should not be advanced as evidence that delinking will improve things.
If we cannot decentralise Unima, would we be able to decentralise/federalise Malawi?
Let the colleges stop sulking, wean them from the breasts. let them find their own solid foods.
Arguments must contain facts my fellow commentators. My take on the issue of de-linking UNIMA: -UNIMA Council cannot go against an Act of Parliament unless court interpretation finds it in conflict with the Constitution or other supreme law. – A special committee was supposed to have been formed to oversee the de-linking process as the UNIMA Council would be conflicted to let the enormous power which it has go. – There is a precedent of Bunda College of Agriculture which was under the UNIMA Council; we should have borrowed a leaf from there. However, at hand is a more serious… Read more »
Mfundo zothyakuka bwino kwabasi.
Seems Danwood has personal grudges against Jack Wilima
Mangawa ake ati nanu akunena malamulo apa osati zanuzo
Danwoid you are an eye opener to this Nyau Gvt
For lazy minds, delinking is an easy way of appearing to solve University of Malawi problems. Sometimes when leaders cannot solve a problem, they just do something to appear to be fixing things. Many notable universities have dozens of colleges and are doing well. To delink or not to delink? A college principal will vote for delinking because it will appear an easy way out of the complexities of operating in a unified system. But, if UNIMA “in toto” is failing to appear on African university rankings, how will multiple scattered little universities fair? But what will be the long… Read more »
ngat ndi unlawful pitani ku court, basitu nkhani yatha
The combination of Chakwera and Chilima is Manyaka at its best .Do we need a rocket science to see the importance of delinking these things .We have a case of LUANAR at our disposal ,which is one of the fruits of delinking .As i writing this post LUANAR is doing excellent than its mother UNIMA .As a country we need universities to stand on its own and find means of expanding unlike being in the armpit of a one university which always sleeping .Cant the so called Chilima and Chakwera see this ? With this thinking as leaders we shud… Read more »
You ve’nt been at UNIMA you have been exposed to the Constitution, rules n policies @chebauleni.
Don’t argue when you don’t have facts
Dzivere mumtolo. Zamanyazi.
Selfishness is one of our biggest problems. Everybody thinks about oneself and probably one’s tribe. We have recently seen appointments based on whether you are a chewa or not. That’s the sad reality of our country.