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    October 06, 2011

Malawi Students to File Contempt Charges against University Council

   Peter Clottey
   Map of Malawi

   The president of the Malawi Chancellor College Students Union, Patrick
   Phiri, says his group will file contempt charges against the university
   council today (Friday).

   The student organization says the council charged with running the
   school has refused to reopen two campuses of the University of Malawi,
   despite a recent high court ruling.

   Authorities closed them indefinitely more than six months ago, citing
   violent protests over what students and professors call threats to
   academic freedom.

   In a statement, the university council said it was acting "to protect
   lives.'

   The students are frustrated because the prolonged closure is affecting
   their studies, said Patrick Phiri, president of the student union.

   'After the High Court ruling giving the University Council 21 days to
   reopen our college fully, to our dismay, until today, the college
   hasn't been yet reopened,' said Phiri. 'As students, we are in an
   unfortunate, a sickening situation, because we have already lost a year
   in our academic calendar.'

   Critics have dismissed the student's lawsuit as a publicity stunt.

   Phiri says his group also sought the intervention of President Bingu Wa
   Mutharika to compel the administration to reopen the university.
   President Mutharika is chancellor of Malawi Universities.

   'Before the court action, we petitioned the president, being the
   chancellor and being the father of the nation, to help us move us out
   of this mess. [But] we are still waiting for a response from the
   president,' said Phiri.

   Some analysts say Mr. Mutharika could face contempt charges as
   chancellor of the university. Others say the president is immune to
   prosecution under the constitution.

   Jai Banda, senior partner at the law firm of Banda, Makiyi, Kanyenda
   and Associates, argues that President Mutharika could indeed face
   contempt charges. But Banda expressed doubt that a Malawi court could
   enforce its ruling.

   'In my view I don't think the president is immune to court orders,'
   said Banda. 'But whether it [would] actually be implemented even if a
   court were going to grant an order that [President Mutharika] be