The High Court in Mzuzu has ordered the Malawi National Examinations Board (Maneb) to release 2012 Form Four Mathematics results for two former Phwezi Secondary School students not later than Friday 11th January 2013 after the body disqualified the duo without giving reasons.
The Court made the decision on Friday in terms of Order 53 rule 10 (a) of the rules of the Supreme Court which stipulates that the granting of leave for judicial review should operate as a stay for the
Under miscellaneous civil number 01 of 2013, Maneb versus Khumbo Lavati and Nellie Gondwe, the court warns that if Maneb disregards the order, it may be found guilty of contempt of court leading to the jailing of its CEO or have its assets seized.
“Upon reading the statement lodged… and upon reading the affidavit of Khumbo Lavati and Nellie Gondwe and verifying the facts… and upon hearing counsel for the applicants… it is hereby ordered that leave to move for judicial review be and is hereby granted,” Judge Dingiswayo Madise said.
According to a joint affidavit filed by duo through Mzuzu based lawyer Christon Ghambi of CHRAM Associates, the duo argued that they were not involved in any examination malpractice.
“We are aware that in terms of regulation 29 (15) of the Maneb regulations, those candidates found engaging in exam malpractice and other misconduct violate the said regulation and are obliged to sign a Examination Malpractice Form number EMF002 which is sent to Maneb.
“We were not asked to sign that form which is indicative of the fact were did not engage in any malpractice,” the duo said.
They said Maneb has no basis for disqualifying them and they asked the Court to countenance such an abuse of authority.
They further said that Maneb’s decision is a violation of their constitutional rights to education, property, economic acidity and administrative justice as guaranteed under sections 25, 28, 29, and 43.
“We want to apply for admission into the University of Malawi Programmes as recently advertised in the media and the closing date in Tuesday 11th January 2013. This year the University advised that students will not be allowed to apply for admission at the University Entrance Examination Centers. This means if we do not apply now we would have lost the chance to do so this year.
“A Malawi School Certificate of Education (MSCE) without a grade in Mathematics is of a significant lower value. Further this disqualification dented our character and could be a future liability,” said the duo.
The Civil Society Education Coalition (CSEC) recently accused government of doctoring the MSCE results to paint a rosy picture of the education sector and demanded an apology and release of correct results.
The coalition, in a statement dated December 31 2012, said it is saddened by revelations from the Ministry of Education that the 2012 MSCE results for some private schools had anomalies.
The coalition said it is convinced it was government’s ploy to doctor the results for reasons known to it.
Maneb spokesperson Gerald Chiunda said the board provided the correct data of the Malawi School Certificate of Education (MSCE) examination results for the past five years, including 2012, as requested by the ministry of education.Follow and Subscribe Nyasa TV :