Date Of Article: 3/12/2003
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No ruling on Poly case
By: Pilirani Semu-Banda
The Blantyre High Court said on Monday it will not make a ruling on an application made by the Polytechnic to discharge an injunction obtained on February 1 by some college students, which stopped the college authorities from closing the school, because the college is open and fully operational. Judge Jane Ansah said since the hearing of the case, both lawyers for the Polytechnic authorities and the students have written letters to the court, informing it of the change of circumstances that the Polytechnic is open and fully operational. “In view of what has transpired, it is nugatory to make an order as to whether the injunction should be vacated or be sustained. To that end, I make no order,” said Ansah. The February 1 injunction stopped the University of Malawi from closing the Polytechnic after students clashed with pro-third term marchers, an incident that was closely linked to the burning of UDF regional offices in Chitawira Township, Blantyre. The college students were against the university’s decision which gave them an hour to leave the college after they fought with police and third term supporters around the college campus. But the Polytechnic authorities through the university lawyer Michael Mtambo challenged the injunction and also argued that the principle of the Polytechnic and the principle of the University of Malawi were wrongly joined as parties that wronged the students. Mtambo argued that according to section 8 of the University of Malawi Act, it is only the University Council that has a legal personality therefore has the capacity to sue and be sued. He also argued that the Principles of the University Colleges and the University Registrars have no legal personality and it follows therefore that when they act in their official capacities, they cannot be sued. On this matter, Ansah ruled that it was wrong for the students to sue the principles because they are only the University Council’s authorized actors. She said the principles’ actions binds the University Council as it acts through them and is legally liable to be sued and can also sue as provided in section 8 of the University Act. “It follows therefore that the proper party to these proceedings is the University Council and not the Principle and/or the University Registrar for they do not have legal personality therefore they lack the capacity to sue and/or be sued. Therefore the respondent’s prayer to have the 2nd and 3rd defendants struck off as parties to these proceedings succeeds,” said Ansah.
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