Poly fee-hike ruling December 12
The High Court in Blantyre on Wednesday set December 12 for ruling in a case involving University of Malawi (Unima) council and Polytechnic students on whether the ruling the court made on October 19 be set aside or not.
Judge Justice Healey Potani earlier ruled in favour of Polytechnic Students Union (PSU) stopping Unima Council from implementing the new hiked tuition fees of K350 000 per student.
This followed an injunction obtained by PSU on September 28, 2016 restraining college authorities from maintaining the hiked fees arguing that due to delay in the Polytechnic academic calendar, the college is still in the 2015/2016 academic year and not in the 2016/2017 academic year, which the University of Malawi (Unima) fees hike is meant for.
However, the university council applied for re-hearing of the case arguing that the court did not hear its side as it was not represented in the court on the day of the ruling.
Making his presentation, Unima council lawyer Ted Roka argued that in as far as maintenance of students is concerned, what matters is not necessarily the academic calendar but the financial year.
He asked the court to re-examine whether it was justifiable or not for Unima to raise the tuition fees.
Said Roka: “The tuition fee was raised to make up for the cut in government subvention. Other colleges are paying the new fees, why not the Polytechnic. The issue of academic calendar does not count here and we all know there are other students such as the first year students and the mature entry students who should not claim that they are lagging behind in terms of academic year.”
But Lawyer for the students Wanangwa Hara said the defence council has no arguable case on the matter.
“In this case, all communications in regard to the new fees structure shows that it is effective for the 2016/ 2017 academic calendar.
The order was valid. Maybe the court may modify it to say immediately after the completion of the 2015/2016 academic year the defendant is at liberty to demand the hiked fees,” said Hara.
He gave an example of the chancellor college whose students are in the second year of the 2015/ 2016 academic year and are paying the old fees.
Commenting on what transpired in the court, PSU president Frank Msiska expressed disappointment with the way the council is handling the whole issue adding that the students could not continue to wait for court proceedings to go back to school.
He asked the council to open the Polytechnic College whose opening was postponed before the beginning of its 2015/2016 academic calendar on October 3.
The students want to continue paying the old fees of K55 000 and K250 000 for government and self-sponsored students respectively.
