Chanco, Poly students ordered to leave today

Grief and dismay gripped Chancellor College (Chanco) and Polytechnic students Friday afternoon when the High Court in Blantyre vacated an injunction they obtained, restraining the University of Malawi Council from closing the two colleges.

In vacating the injunction, Judge Healey Potani ordered the students to leave their campuses by 4pm today (Saturday).

Unima Council wrote the students two weeks ago, advising them to leave their campuses ‘with immediate effect following the students’ decision to boycott classes’.

The council had argued that there was no reason for it to continue hosting the students who decided to shun classes, the very reason they were at the campuses.

But the students rushed to the High Court where they sought relief, restraining the university authorities from effecting its decision.

They argued the time given for them to vacate the premises was ‘too short’ and that the decision amounted to a violation of their rights to education and freedom to hold peaceful demonstrations.

But in his ruling on Friday, Potani observed that the council was justified to close the colleges as the decision was arrived at following the students’ decision to boycott classes.

He said there was no reason for the council to continue keeping ‘idle students on campus’ as this would be costly to the defendant.

“The defendant spends millions of kwacha of taxpayers’ money to feed the students in anticipation that the students would be attending classes. And since the plaintiff had decided to boycott classes, this court doesn’t find any merit in the defendant to continue keeping students that aren’t attending classes,” said Potani.

He further dismissed students’ claims that their motive was to protect their right to education and freedom to hold peaceful demonstrations, observing that the action aimed at seeking a platform for protests.

“It is in this court’s view that [by closing the colleges], the defendant did not infringe on the plaintiff’s right to education because the plaintiff had already started boycotting classes. On freedom to hold demonstrations, the defendant didn’t stop the plaintiff from protesting anywhere outside the campus.

“Therefore, the application to vacate the injunction is granted and students have until 4 o’clock in the afternoon of 25 May to leave the campus,” he ruled.

Polytechnic Students Union (PSU) president Wakisa Simukonda expressed shock and disbelief at the outcome.

“It is really disappointing to finally get this outcome. But we are not done yet because we will continue pursuing our cause,” was all the demoralised Simukonda could say.

Lawyer for the council, Kalekeni Kaphale, said he was very happy with the outcome.

“The ruling is a true reflection of the all legal aspects,” he said.

Meanwhile, the date for re-opening of both colleges is not known as the council had earlier indicated that it ‘shall be announced later’.