High Court upholds Mzuzu University students suspension

The High Court in Mzuzu has upheld the suspension and other penalties which Mzuzu University (Mzuni) handed to nine students suspected to have taken a key role in demonstrations that allegedly cost the institution over K40 million, rejecting the students argument that the decision to suspend them was illegal because it was made by a disciplinary committee which was improperly constituted.

Justice Dingiswayo Madise has ruled that the disciplinary committee was properly constituted, since a quorum was formed and correct procedures were followed during hearing.

“It is not the duty of this court to make administrative decisions. Our duty is to check that public bodies charged with a public duty follow the law in arriving at a decision. In these premises the motion for judicial review against the decision of the Respondent to suspend the Applicants must fail,” said Madise in his determination delivered on Tuesday.

Mzuni suspended 12 students following the riots on on November 29 and December 1 in 2014.

A disciplinary committee recommended suspensions ranging from one to two years, withdrawal from university accommodation on return from suspension, and payment of fines for the offences and the damages caused.

But nine of the 12 took the university to court through private practise lawyers Moses Chinkhuntha and George Kadzipatike.

The two lawyers have hinted that they will seek an appeal.