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“The Act he is purporting to rely on was superseded by later Acts.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.