A Kamuzu University of Health Sciences (Kuhes) ex-student has dragged Malawi to the African Court on Human and People’s Rights in a dispute over alleged falsified examination results.
Documents we have seen show the matter dates back to 2013 when the pharmacy programme student, Flywell Banda, then in his final year, challenged the university senate on results for toxicology
He scored 48 percent in toxicology and 46 percent in clinical pharmacy while the passing grade was 50 percent,
Banda was required to sit supplementary examinations.
In July 2013, the student queried the results by writing the Kuhes vice-chancellor two weeks after the release of examinations.
In the appeal, he demanded the release of 16 marked transcripts of the courses he was dissatisfied with, to which the institution objected.
But Kuhes later obliged to Banda’s request after his lawyers wrote the vice-chancellor in March 2014.
However, only three transcripts were released, prompting the lawyer to further demand the remainder in May 2014.
“In a letter dated May 26 2014, Kuhes justified the three transcripts as its customary to relesed only failed subjects is a dispute.
“I decided to take the matter to the High Court of Malawi seeking an order for the release of all the 16 marked scripts,” reads part of his application to the African Court.
However, both the High Court and Supreme Court of Appeal dismissed the application.
The documents read: “While in fourth year, the applicant was summoned to an undeserved supplementary exam for the second time. The first summon was in his second year when he wrote a supplementary exam meant for another student, according to a 2011 College of Medicine External Examiners Report for Pharmacy programme.”
The 2012/2013 cohort student, therefore, in his application to the African Court, argues that his right to education has and is being violated.
Banda wants an interlocutory order to change the scores in the two courses, release the remaining 13 transcripts and correct errors on his transcripts forthwith.
He is also seeking compensation for the time lost and psychological torture, as well as an award costs incurred in pursuing the matter or any other order the court may deem fit in the circumstance.
Attorney General (AG) Thabo Chakaka Nyirenda is yet to respond and Banda has queried him in a letter.
It reads in part: “Note that the silence or inaction by your office— in the whole period the African Court gave Malawi to file its response to the application it was served in May 2024— is not helpful to all the three parties; the court, the Republic of Malawi [respondent] and me [the applicant].
“If your office had at least communicated to the court during the period it was given to respond to the application, it would have been helpful.”
Ministry of Justice and Constitutional Affairs spokesperson Frank Namangale on Thursday said he would revert, but was yet to respond as we went to press yesterday.
Kuhes registrar Christopher Namagowa on Thursday said he could not comment on a court matter.
