It never rains but pours for Judge Ken Manda following the petition from Lilongwe University of Agriculture and Natural Resources (LUANAR) NRC Campus students to Chief Justice Rezin Mzikamanda.
The students have asked the Chief Justice to intervene on a matter alleged to be an abuse of judicial powers, which is reportedly affecting the students’ right to quality education.
The students have told the Chief Justice that they are suffering due to the misuse of judicial powers by the Commercial Division of the High Court, specifically under the actions of Justice Manda.
According to the Petition we have seen, Luanar awarded a contract to Fargo Limited for the construction of a much-needed teaching complex at the NRC Campus.
Fargo Limited received a substantial sum of money but failed to fulfil the terms of the contract, and as a result,t, Luanar rightfully terminated the contract and sought to recover the funds by cashing out security and performance bonds with FDH Bank.
“Before LUANAR could recover the funds, Fargo approached the Commercial Court and was granted an ex parte injunction, preventing the University from accessing the money. This injunction was issued without LUANAR being allowed to present its case, an apparent violation of the principle that both sides should be heard before justice is served.
“The judge who is responsible for handling this case has not scheduled any hearings, leaving the matter unresolved. This delay raises concerns that the Commercial Court is deliberately stalling until the security and performance bonds expire, which would result in a significant loss not only for LUANAR but for us, the students, who are the ultimate victims of this judicial delay,” reads part of the statement.
According to the students, the construction of the new teaching complex has not even begun because of the actions of the said Judge, and as students, they are facing a critical shortage of classroom space.
“We were assured by the University that the complex would be completed by the end of 2024. With the current impasse, this deadline is now impossible to meet, leaving our education in jeopardy. We feel that this situation has violated our Constitutional Right to Education, as enshrined in the Constitution of Malawi,” reads part of the statement.
The students have warned that if no action is taken within seven days, they will hold a vigil at the Chief Justice’s office.
“We are writing to you, Honorable Chief Justice, to demand immediate action on this matter. Specifically, we request that within seven (7) days from the date of this petition: 1. The injunction be vacated to allow LUANAR to recover the funds and resume the construction project, or The case be reassigned to another judge who will ensure a fair and timely hearing for all parties involved. Should we not receive a response or see action within the next seven (7) days, we, the students of LUANAR, will have no choice but to camp at your office until our demands are addressed,” as it reads.
