Thursday, January 21, 2010

Malawi government triumphs in quota case

Malawi's Education Minister Dr George Chaponda is happy that his Ministry can now impelement the newly introduced Equitable Access to University Education System. Pic by Malawi Digest.

The High Court in Blantyre has ruled that the country’s two public universities, University of Malawi and the University of Mzuzu can proceed to implement the Equitable Access to University Education system.

Two people, Innocent Longwe and Winfred Mkochi applied to the High Court for a judicial review on the Malawi Government’s newly introduced Equitable Access to University Education system.

In his ruling, Judge Joseph Manyungwa agreed with the arguments advanced by the respondents, the University of Malawi (Unima) in the case.

Unima’s prayer in the case was for the court to discharge leave for judicial review and the stay order obtained by the applicants which restrained the university from implementing the new system.

Some of the grounds the respondent (Unima) presented were that the applicants Innocent Longwe and Winfred Mkochi did not file their application within the stated period of three months; they lacked sufficient interest in the matter, suppressed material facts and abused court process.

Justice Manyunga therefore stated that the applicants were guilty of delay as observed by Unima.

“The applicants are guilty of failing to file an application for judicial review within three months,” he said.

On suppression of materials, the judge said the applicants did not indicate that in 2008 they made similar applications, which shows suppression of material facts.

“The second applicant was aware that the case was withdrawn in 2008, but he did not disclose that information while first applicant could have made inquiries, can we say the two did not speak to each other?” Manyungwa questioned.

Justice Manyungwa concluded his ruling by discharging leave for judicial review and the stay order.

“I discharge the order for leave for judicial review and the order of stay” stated Manyungwa in a ruling that took almost three hours.

Manyungwa who kept on taking sips of water apologised for the delays by the court to deliver ruling on the matter.

He was, however, quick to say that it was not his intention as he was outside the country on official duty.

The University of Malawi was represented in the case by David Kanyenda, George Makiyi from Banda, Makinyi and Kanyenda Associates and Rosemary Kanyuka from the Attorney General Chambers whilst the applicants were represented by Happy Mwagomba.

Meanwhile, the University of Malawi has this evening released results of entrance examinations based on the freed Equitable Access to University Education System.

According to University of Malawi Registrar Benedicto Okomaatani Malunga, 1,152 students have passed the entry examinations out of the 5,600 students who sat for the examinations last year.


  1. To begin with, my fellow Malawians, the writing is now on the wall that this officially marks the beginning of the end of any hope for development in our beloved country. Like many rational Malawians, I would very much like to know and understand the merits behind such a despicable ruling coming from the once revered High Court. For instance, the USA’s deliberate policy to attract the best minds from around the world is what has essentially ensured its continued progress. Did you know that even the US Green card lottery system favors West Africans over Southern Africans? Well, it is argued, and convincingly so based on statistics, that the former tend to progress more in education than the latter! How about the US H1 VISA that is issued primarily to highly educated people with special skills and not just to everyone! There is reason for people to learn from History and the world around us! Unfortunately, it seems to me that Malawian leaders have intentionally decided to totally ignore the vital lessons afforded by experience only to score political points. Further, the secret behind the success of Capitalism or Free market system/economy is primarily the concept of profit maximization driven by competition. Interestingly, even Jesus Christ shared about this philosophy in Matthew 25 in the Parable of the Talents. Notice, “…to each one was given according to his own ability…” and it does not say based on location of your village, district, region, color, race, language etc. In other words, the question is whether or not you are up to the challenge before you! Thus, competition will always be the driving machine behind meaningful progress. Remember that Malawi is in a competition with all other nations and if a competitive spirit is not cultivated within the country there is no reason to believe that we can do any better on the world scene. Clearly, technological advancements have made our world so flat that we now live in a heavily integrated village where you cannot just ignore what’s going on in someone’s backyard! By the way, all things being equal, the quality of raw materials determines the quality of your final product. This is not just basic economics but also common sense and it is up to you to conclude! Lastly, I appeal to all thinking and God fearing Malawians to wake up and smell the coffee. Who would have predicted two months ago that the late Kennedy’s Massachusetts Senate seat, occupied by democrats for almost 50 years, would be in the hands of Republicans today? I would only want to believe in hope against hope that sooner than later, this abominable decision will be reversed and thus restore the fortunes of mother Malawi.

  2. I see nothing wrong with the quota system.

  3. You cant see anything wrong because you are an idiot like mbuzi yako bingu kaya mumati pingu kaya. I don't just understand how a whole government could be sowing seeds of divisions like this. I hate to call myself a Malawian, this nation is sick and this president is the worst

  4. A correction. It's not the malwian Government. It's the Muhlaho and a few other cowards. Stupid!

  5. Emotions! Emotions emotions...I think the problem has started with the editor who does not know his/her job. Let me ask this simple question: Gvt has triumphed against who?

  6. awa ndi ana amuna, che Chaponda. Akafuna kuchita zinthu sayang'ana nkhope. Muwafunse ma vendor -sakumufuna chaponda. Good job bwana minister.

  7. qouta system is good yeeeeeeeeeeeeeeeeeeeeeeeee



  9. the issue is obscured and misunderstood by many who are filled with selfish anger. getdown to the facts and find out what is happening in qouta. which competition are you talking about? there is still stiff competition and only the best are making it. even with quata you have to get atleast 60% to be one of those competing. and at district level the competition is even stiffer. those beloved friends from the North are just afraid of nothing. lets not look at things with regionoristic eyes. and for the first commenter, its claer that you are based in the USA, come back home and see for yourself the power of wisdom in Bingu, even Africa recognises that hence heading AU now.

  10. I agree with you that there is still competition. However, the question still remains, what sort of competition? And between who? At what level? Is that the best competition? Will such competition bring about the best results? It's clear to any rational person that you have a myopic and mediocre mindset. Unfortunately, it is people like you who are lowering the standards of our educational etc. By the way, I see no correlation between Bingu's AU chairmanship and the Quota system. If it were purely on merit, I'm afraid Bingu would probably not qualify!