The High Court in Mzuzu has reinstated six Mzuzu University (Mzuni) students who were withdrawn on academic grounds early February this year.
Soon after opening of courts after two and a half months strike, lawyer for the students George Kadzipatike sought a judicial review against the universityâ€™s decision and an injunction restraining Mzuni from dismissing the students, which Judge Dingiswayo Madise granted on Tuesday.
Mzuni in its dismissal letters dated February 1 2012 signed by Chiamiko Chinkwita-Phiri indicated that the students were dismissed for possessing and using reference materials and notes during examinations.
â€œHaving considered the recommendations of senate academic disciplinary committee hearing held on January 10 2012, the acting Vice-Chancellor, Associate Professor Orton V. Msiska has approved, on behalf of senate, a recommendation that you be expelled from Mzuzu University,â€ reads the letter.
But in reinstating the students, Madise ordered that they file an interpartes summons within seven days from Tuesday for an interpartes hearing within 14 days and judicial review in 21 days.
Â â€œAn order of stay of the said decision is hereby granted and further an order of interlocutory injunction is hereby granted restraining respondent, its agents, servants or whosoever acting under respondentâ€™s behalf from dismissing the applicants from Mzuzu University on the basis of the subject matter of these proceedings until a further and contrary order of this court…
Â â€œAny person who disobeys this order may be liable for contempt of court and may be ordered to pay a fine or to serve a prison term or may have their assets seized,â€ reads the court order.
Kadzipatike on Wednesday said the students have since gone back to school.