I am a just a ceremonial Chancellor

(Judge Mbadwa is hearing an application from Mapuya’s legal adviser, Malani Matata, to declare University Councils redundant)

Malani Matata: My Lord, my client Mapuya is greatly disappointed with members of various university councils he appointed to run institutions of higher learning in Nyasaland on his behalf.  Why is he disappointed? These are men and women of letters who cannot independently make decisions on why, how and when to close university colleges during industrial action either by students or staff.

My Lord, Mapuya is worried that the councils are giving him a bad name, yet they know they have their jobs already cut out when they are appointed into the boards.

Being on the board of an institution of higher learning is not for the faint-hearted and Mapuya understands that My Lord. It is for that reason that he chose people who have undergone through intensive intellectual exercises to attain bachelors’ degrees and post-graduate degrees they now wield.

My Lord, these people are paid to think and why should they be maintained in our university councils  when all they know is to close colleges whenever there is a problem and wait for Mapuya, as Chancellor, to act?

My Lord, my client is asking this tribunal to order that those who sit on university councils in Nyasaland reimburse the sitting allowances they have been receiving for doing nothing.

We want to also put it on record that the position of Chancellor is just ceremonial and the people who really wield the power are the council members, the various Vice-Chancellors and their registrars. All the Chancellor really does is appoint university council members, preside over graduations and receive honorary degrees from the same universities he is Chancellor of.

There is the whole education ministry apparatus, why should Mapuya be involved in the everyday running of institutions? What are the officers going to do, My Lord, if my client meddles in their jobs? Should they be declared redundant?

I know Mapuya has powers to dissolve the councils, but before he does so in respect of the rule of law, we want the tribunal to order that the council members reimburse whatever they earned from the time they were appointed to the present.

Judge Mbadwa: The tribunal agrees that Mapuya’s position as Chancellor is just ceremonial. By extension one can argue that he is not responsible for the welfare of the students, let alone, of the citizens. He appoints ministers and has principal secretaries who do his work by delegation. This court agrees that it would be folly to blame Mapuya for the closure of universities; the poor performance of the economy, the poor delivery of services and the failure of his administration to rein in on the deterioration of standards of living. That is not his job! He can attend functions and preside over rallies or even launch projects, but he is not responsible for them.

The court, therefore, orders that all members of university councils to reimburse sitting allowances they have been receiving from Mapuya. n