Law professor says University of Malawi council acted unlawfully in stopping colleges delinking

January 22, 2021 Owen Khamula -Nyasa Times 34 Comments

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.

Danwood Chirwa, a South Africa-based law expert,  claims Wirima acting out of an apparent self interest. 

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“The Act he is purporting to rely on was superseded by later Acts.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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34 replies on “Law professor says University of Malawi council acted unlawfully in stopping colleges delinking”

  1. 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.

  3. 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 process involving scattering all the colleges under the UNIMA Council mandate; hence the need for a special committee.
    – The de-linking process is the best way to grow and develop tertiary education in Malawi. Transport and other resources are obviously challenging the varsity since the colleges under UNIMA are very scattered in the country. The world around us has embraced decentralisation to their advantage why not us here?
    – Each varsity from UNIMA would be allowed to operate semi-autonomously thereby allowing it provide programmes previously provided by a sister college only. That would help people have more chances of accessing tertiary education and probably close to their home areas. Dr. S.K. Chilima ever highlighted the same point during his campaign.
    – The current UNIMA Council Secretariate staff should be allowed to choose which varsity they would prefer to work under when the unbundling process is effected.
    – The unbundling process was proposed by the Executive as a Bill, which eventually, the Legislature passed into law. As such, the law should be implemented without failure; with, or without the current UNIMA Council. No politics about that, but for the good of the nation. I rest my case.

  6. 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 term impact and prestige Univ of Blantyre vs UNIMA? Remember it is the prestige and ranking of the university that attracts international students, foreign investment in research and technology, high calibre teaching staff, etc.
    Delinking UNIMA is another example of a Malawian way of solving problems – administering wrong treatment to a disease – and sad examples abound.

  8. 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 forget about vision 2063 .Our leaders should see the cost implication of this ,so many meetings have been conducted including passing this in parliament .This means all the sitting allowances that individuals pockets have gone into the drain ? same on our leaders .You were crying ,fasting and climbing hills so that you become leaders ,basiiiiii kufuna kuzachita reverse chilichonse chimene anzanu anapanga without proper thinking.You are putting the whole country into a shame a president ndi avice anu

    1. 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

  10. 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.

  11. I really wonder why the Kanyongolos, Kamchedzeras and even the Madises never opposed the delinking process when APM was in power?

    Are we saying no one saw how wrong it was then and only to realise it now?

    We have really retrogressed as a country. It appears some individuals in the University especially at the University Office saw the delinking as the end of their influence.
    Can someone tell us the importance of delaying this process?

  12. Chirwa you are right. The council has no power over parliament if anything let be brought back to the chamber for deliberation thats it!

  14. I haven’t been following this exercise and wouldn’t tell which way is right, but the professor sounds kind of annoying in his utterances. Anyway we will see how it unfolds.

  15. Down wood chikuni choola iwe i have no respect for your legal education. The moment you predicted that proceeding with electoral case by chilima and chakwera was wastage of time you ceasesd to a legal analyst in malawi

    Be feared in Joloza not here

    1. In any fair justice system, chilima and chakwera would have not won the case. The judges were biased. Its easy for everyone to see. Lero dziko likuwakanika.

  16. What Chirwa is saying is true, this council can’t supersede another council decision unless the court decide. So Wirima is indeed looking for power to control the universities in Malawi .

    Let the delinking continue and in this era we need a stand alone University not control by money hungry individuals or politicians.

  19. Delinking is the way to go if each university is to realize its full potential. It becomes easy to promote innovation, inventions and research and development if each university operates independently. An educational system established decades ago cannot address the current needs. University is more than a building, it is becoming more and more digital, learning virtual, and for that, delinking is the way to go. On this point, l fully agree with Prof Chirwa.

  20. Danwood Chirwa, can you tell us if university of CapeTown doesn’t have colleges? Can you also tell which colleges for example Chancellor College when it becomes stand-alone University will have when it has are faculties. How many colleges does Oxford University of Cambridge University, let alone Havard University have? Can you have a University without colleges? I do appreciate you are a tutor at the University, but your argument that delinking UNIMA will improve performance is weak. I can only agree with you that the current Council has goofed to go above Parliament’s decision. We do not want to have a University like Mzuzu that has no colleges, but mere faculties. UNIMA just need to innovative to improve the level of performance of UNIMA. Colleges must stop being idle during vacations. UNIMA should embrace an entrepreneurial spirit to make money other than entirely relying on subvention from the Government. Lectures do a lot of consultancies elsewhere and I see no reason why UNIMA cannot engage consultants to help it find ways of improving performance. Use a thief to catch a thief.

    1. You are a lost sheep! Chanco, Poly etc etc should have their own colleges, they can expand on there faculties and take on/introduce more faculties, enter into long distance learning and several other initiatives including expanding into other cities and districts just like Luanar, Mzuni, MUST are doing. Mzuni have a campus in LL and are opening an Long Distance Facility in MZ…..that way colleges will be competitive and will allow more intake of students. Have you ever heard of the Varsity of UK? No, but Oxford, Cambridge, Heriot Watt etc etc and each of these giant universities have expanded their footprints internally and externally, they have established colleges and other specialty schools to cater for the needs of the market. Cant you see this???? Why can’t we do this right here? Cant you see its the selfishness of few people who fear for their influence and job dilution, plus they fear that they are not creative enough to ensure functionality of the respective delinked colleges? But this argument doesen’t hold water, we have plenty of deserving students who every year miss out on tertiary education due to several constraints. The Market is huge! They With the delinking, so many hurdles will be solved at once. Fire the current UNIMA council for this ill decision! They aint capable. Just because the chair has a hospital and is a prof doesent mean he can manage. Let him concentrate on the noble duty of saving lives! Thats where he is more effective. This appointment is letting the chair down. A good example is Heatherwick Ntaba. Is he still practising medicine? Politics almost ruined his career! We have appropriate people who can manage such issues competently, give them a chance even if they dont belong to your party or arent politicians. Look at the bigger picture. This is where mindset change is required. I have said now and again, its the politicians that need to change. We the Citizenry have changed way back. The time is ticking and so far the peoples patience is being destroyed faster!

  21. Analysis yanu yabodza. Kukhala professor ku South Africa does not make you a feared think tank ku Malawi muziyankhila zaku Joweni komko

    1. A PhD/Professor is universal, you are promoted through the ranks of a university, Faculty based on merit….Associate lecturer, lecturer, senior lecturer, these ranks you carry with you to any university you go to teach regardless of borders…Danwood can comment on any issue to do with Law worldwide…umbuli ndiumene ukukutuma to make zombie comments

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