7 suspended UNZA students discontinue court process
SEVEN University of Zambia students who sued the Council of the University last month over their suspension for being protests masterminds have discontinued the case in the Lusaka High Court.
The students were seeking an order and declaration that their suspension between June 12 and June 18, 2018 was illegal, null and void.
Misheck Kakonde, Paul Mwauluka, Ben Muwelo, Kerries Habwacha, Lifuke Muyenga, Winner Mwiinde and Richard Malambo on June 28 sued the Council of the University of Zambia and wanted a declared that their suspension by the acting vice chancellor violated the provisions of section 38 of the University Act Chapter 136 of the Laws of Zambia.
The plaintiffs were also claiming damages for mental strain and anguish arising out of the suspension, any other relief the court might deem fit and costs.
But Kakonde and six others have since discontinued the proceedings.
“Take notice that the plaintiffs herein have with immediate effect wholly discontinued this matter commenced against the defendant on 28th June 2018,” stated the plaintiffs in a notice drawn by their lawyer C. L. Mundia and Company.
In their statement of claim, the plaintiffs stated that they would aver at trial and call evidence to the effect that following a power outage that affected UNZA at the Great East Road Campus and surrounding areas on June 9, protests broke out at the university.
They stated that purported UNZA students blocked part of the road and in the incident smashed the windscreen of a motor vehicle registration number BAH 5506 belonging to a named Lusaka resident.
Kakonde and others stated further that following the protests, they received letters on various dates but between June 12 and June 18 from the acting vice-chancellor informing them that they had been suspended from the university with immediate effect pending determination of disciplinary proceedings against them by the university’s student board of discipline.
The plaintiffs stated that they had been accused of being masterminds of the protest that broke out following the power outage.
They stated that the suspension letter had been copied to the Dean of Dtudents, Dean of School of Education and the security officer who were informed to ensure that they (plaintiffs) were prevented from accessing the university facilities.
Kakonde and others stated that they would call evidence to the effect that they were not on campus during the protests and that some of them were in their rooms during the 10 minutes power outage.
They stated that the decision by the vice chancellor to suspend them was premised on hearsay evidence going by his own suspension letter.
The plaintiffs had also stated that they had not been heard at all but that their suspension was indefinite despite the fact that they had tests and examinations commencing in a few days.
They added that their suspension by the acting vice chancellor was improper in that he pre-emptied his appellate authority.
They added that the vice chancellor’s action amounted to procedural impropriety.
Kakonde and others stated that their suspension was illegal, null and void as it violates the provision of section 38 of the University ACT Chapter 136 of the Laws of Zambia.
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