CHAPTER 30:02
UNIVERSITY OF MALAWI

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF UNIVERSITY

   3.   Establishment of University of Malawi

   4.   Membership of the University

   5.   Objects of the University

   6.   Functions of the University

   7.   Training for public officers, etc.

PART III
THE COUNCIL

   8.   Establishment and incorporation of the Council

   9.   Common seal of the Council

   10.   Functions and powers of the Council

   11.   Composition of the Council

   12.   Meetings and procedure of the Council

PART IIIA
STUDENTS LOAN SCHEME

   12A.   Establishment of the Students Loan Scheme

   12B.   Enforceability of loan agreement

   12C.   Powers of the Council respecting the Students Loan Scheme

   12D.   Administration of the Students Loan Scheme

   12E.   Separate accounts and reports for the Students Loan Scheme

   12F.   Investment of funds for the purpose of the Students Loan Scheme

PART IV
OFFICERS OF THE UNIVERSITY

   13.   Chancellor

   14.   Functions and duties of the Chancellor

   15.   Vice-Chancellor

   16.   Registrar

   16A.   University Librarian

PART V
THE SENATE

   17.   Senate

   18.   Functions and powers of the Senate

   19.   Meetings of the Senate

PART VI
COLLEGES, FACULTIES AND SCHOOLS

   20.   Colleges

   21.   Principals

   22.   Faculties and Schools

   23.   Deans

   24.   Composition of Faculties and Schools

   24A.   Departments

   24B.   Composition of Department

PART VII
FINANCIAL PROVISIONS

   25.   Property of the University

   26.   Compliance with the provisions of the Finance and Audit Act and audit of accounts

   27.   Accounts

   28.   Borrowings

PART VIII
MISCELLANEOUS

   29.   The Statutes

   30.   Amendments to the Statutes

   31.   Senate Regulations

   32.   Service of process and other documents on the Council

SCHEDULE
STATUTES OF THE UNIVERSITY

   STATUTE

   I   Interpretation

   II   Congregations

   III   Degrees and other academic distinctions

   IV   The Vice-Chancellor

   V   The Finance Officer

   VI   The Principals of Colleges

   VII   The Deans of the Faculties and Schools

   VIII   The Registrar

   VIIIA   Head of Department

   IX   The Librarian

   X   The Auditor

   XI   Honorary and Emeritus Professors

   XII   Procedure generally

   XIII   Finance Committee

   XIV   Powers and functions of the Senate

   XV   The Faculties and Schools

   XVI   Appointments Committee

   XVIA   Selection Committee

   XVII   Procedure relating to contracts of appointment

   XVIII   Procedure of The Senate and Statutory Committees

   XIX   Honorary Degrees

   XX   Elections to Deanships and to the Senate

   XXI   Service of Notices and Documents

   XXII   Students Loan Scheme

25 of 1974
4 of 1981
7 of 1988
28 of 1994
12 of 1998
G.N. 55/1975
54/1976
11/1980
142/1981
92/1988
120/1988
65/1997

An Act to provide for the establishment of the University of Malawi and for the conduct and management thereof; for the establishment and incorporation of the Council of the University of Malawi as a body corporate and as the governing body of the University; for the establishment of a Senate thereof; for the repeal of the University of Malawi (Provisional Council) Act, and for matters incidental to and connected with the foregoing

[24TH FEBRUARY 1975]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the University of Malawi Act.

2.   Interpretation

    In this Act and in the Statutes, unless the context otherwise requires—

   “Chairman” means the Chairman of the Council appointed pursuant to section 11;

   “Chancellor” means the person who is for the time being the Chancellor of the University under section 13;

   “College” means a College within the University established under section 20;

   “Committee” includes subcommittee;

   “Council” means the Council of the University established and incorporated by section 8;

   “date of commencement” means the date upon which this Act comes into operation;

   “Dean” means the Dean of a Faculty or School elected under the Statutes pursuant to section 23;

   “Deputy Dean” means the Deputy Dean of a Faculty elected under the Statutes pursuant to section 23;

   “Faculty” means a part or section of the academic administration of the University which offers courses leading to a degree;

   “financial year” means the period commencing on the date of commencement and ending on the 31st August next following such date and thereafter means the period of twelve months ending on the 31st August, in each year;

   “Librarian” means the Librarian of the University appointed under section 16A;

   “organization” means any company, association or body of persons, corporate or unincorporate wherever established or incorporated, but does not include any such association or body established or incorporated under this Act;

   “Principal” means the Principal of a College appointed pursuant to section 21 and includes a person who is for the time being performing the functions of a Principal;

   “property of the University” means any property, real or personal, of every description vested in or held by the Council under any right of ownership or possession; and any property held by the Council in trust for the furtherance of any of the objects of the University;

   “Pro-Vice-Chancellor” means the Pro-Vice-Chancellor appointed under section 15;

   “Registrar” means the Registrar of the University appointed pursuant to section 16;

   “School” means a School within the University instituted under section 22;

   “Senate” means the Senate of the University established under section 17;

   “Senate Regulations” means Senate Regulations made under section 31;

   “Statutes” means the Statutes set forth in the Schedule, as from time to time amended under section 30;

   “Students Loan Scheme” means the scheme established under the provisions of Part IIIA;

   “University” means the University of Malawi established by section 3;

   “Vice-Chairman” means the Vice-Chairman of the Council appointed pursuant to section 11 (8);

   “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 15.

   “Vice-Principal” means the Vice-Principal of a college appointed under section 21.

PART II
ESTABLISHMENT OF UNIVERSITY

3.   Establishment of University of Malawi

    There is hereby established a university by the name and style of the University of Malawi.

4.   Membership of the University

   (1) The University shall consist of the following members—

   (a)   the Chancellor;

   (b)   the Vice-Chancellor;

   (c)   the Registrar;

   (d)   members of the Council;

   (e)   members of the Senate;

   (f)   all graduates of the University;

   (g)   all holders of Honorary Degrees from the University;

   (h)   all members of the administrative and academic staff of the University;

   (i)   all persons for the time being registered as students of the University;

   (j)   such other persons as the Council may by name or office declare to be members of the University.

   (2) Any person who is a member of the University solely by virtue of being possessed of any qualification shall continue to be a member so long as he possesses such qualification.

   (3) The Registrar shall keep and maintain a Register of Members of the University, which shall be available for scrutiny by the general public at all reasonable times.

5.   Objects of the University

   The objects of the University shall be to advance knowledge and to promote wisdom and understanding by engaging in teaching and research and by making provision for the dissemination, promotion, and preservation of learning; by engaging in such university education and research as is responsive to the needs of Malawi and the whole world; and by offering, within the limits of its resources, to persons suitably qualified academically and who, in the opinion of the Council, are able and willing to benefit from the facilities offered by the University, an education of a high university standard.

6.   Functions of the University

   The functions of the University shall be—

   (a)   to encourage the advancement and dissemination of learning and research;

   (b)   to engage in such university education and research as is responsive to the needs of Malawi and the whole world;

   (c)   to provide facilities for higher education, for research and for the advancement of knowledge in such branches of learning and study and for such persons, whether members of the University or not, as the Council may from time to time determine;

   (d)   subject to this Act and the Statutes, to award and confer Degrees and Diplomas, and other academic distinctions, including Honorary Degrees and distinctions.

7.   Training for public officers, etc.

   The University may, as determined by the Council from time to time, provide specialist training in such subjects as may be deemed desirable for such purposes as the Council may determine.

PART III
THE COUNCIL

8.   Establishment and incorporation of the Council

    There is hereby established the Council of the University of Malawi, which, under that name, shall be a body corporate with perpetual succession and a common seal and shall be capable by that name, of—

   (a)   suing and being sued in all courts;

   (b)   acquiring by purchase, gift, devise, bequest, operation of law, or otherwise, real or personal property wherever situate, or any right or interest therein, and holding the same in any capacity including that of trustee;

   (c)   granting, selling, mortgaging, hypothecating, alienating, assigning, leasing or letting real or personal property; and

   (d)   subject to this Act, doing and performing all such acts and things as a body corporate may by law do or perform or such as are incidental or appertain to a body corporate.

9.   Common seal of the Council

   (1) The common seal of the Council shall be kept in such custody as the Council directs, and shall not be used except upon the order of the Council.

   (2) All courts, judges, and other persons acting judicially shall take judicial notice of the common seal of the Council affixed to any document and shall presume that it was duly affixed.

   (3) The common seal of the Council shall be authenticated by the signature of two members of the Council, or, alternatively, by the signatures of one such member of the Council and of the Registrar, or of some other person nominated in that behalf by the Council.

10.   Functions and powers of the Council

   (1) The Council shall be the governing body of the University and shall be responsible for the management and administration of the University and of its property and revenues, and, shall exercise general control and supervision over all the affairs of the University including its relations with the public, and, without prejudice to the generality of the foregoing, the functions and powers of the Council shall include the following powers and functions—

   (a)   to govern, maintain, administer, dispose of and, save as hereinafter provided, to invest all the property, money, assets, and rights of the University, to manage the business and all other affairs whatsoever of the University, and to enter into engagements and to accept obligations and liabilities without any restriction whatsoever, in the same manner in all respects as an individual may manage his own affairs:

   Provided that, before determining any question relating to the matters aforesaid which affects the academic policy of the University, the Council shall refer such matters to the Senate if it has not previously been considered by the Senate, and shall take into consideration any recommendation or report thereon by the Senate;

   (b)   to demand and receive fees, subscriptions, deposits, fines and such other payments, and to effect payment of any money obligation;

   (c)   to take such steps as it thinks fit for the purpose of procuring and receiving contributions to the funds of the University to further the objects of the University, and, for this purpose, to raise money in such manner as it thinks fit;

   (d)   to borrow money on behalf of the University and for that purpose, if it thinks fit, to mortgage or charge all or any part of the real property of the University, unless the conditions of any will, deed or gift or other similar instrument are thereby contravened, and to give such other security, whether upon real or personal property or otherwise, as it thinks fit;

   (e)   to invest any moneys of the University, including any unapplied income, in such stocks, debentures, funds, shares, or other securities as the Council may from time to time determine, whether within Malawi or not, or in the purchase of real or personal property, with the like power of varying such investments from time to time by sale or re-investment or otherwise;

   (f)   to sell, buy, exchange, lease, rent, grant or take on lease or rent, real or personal property or portions thereof on behalf of the University, and to acquire any easement over any property held by other persons or to consent to any easement whether public or private over any property of the University;

   (g)   to undertake and execute any trust, the undertaking whereof may seem desirable to the Council for the attainment or fulfilment of any of the objects of the University, and to hold, invest, manage or distribute, in furtherance of and in accordance with any trust direction, discretion, obligation or permission, any property, or the income of any property, held by it as trustee subject to such trust;

   (h)   to enter into, vary, carry out or cancel contracts on behalf of the University, to compound or compromise any action, suit or proceedings or any debt or claim, and to refer any matter to arbitration;

   (i)   for the aforesaid purposes, to appoint bankers, and any other officers or agents whom it may deem expedient to appoint, to determine any matters relating to the selection and period, terms and conditions of appointment of such persons, to determine and control all matters relating to the opening, use and closing of any such bank accounts as it thinks fit to have, and to cause proper books of account to be kept and audited for all sums of money received and expended by the University and for the assets and liabilities of the University so that the books give a true and fair view of the state of the University’s affairs, and explain its transactions;

   (j)   after consultation with the Senate, to establish, institute or discontinue Colleges, Faculties, Schools or such other academic sections of the University, in accordance with this Act, and to assign each such Faculty, School or academic section to a specified College;

   (k)   after consultation with the Senate, to determine terms of service and general conditions relating to the employment of academic staff, and to establish, disestablish or otherwise make or discontinue financial provision for appointments to such posts;

   (l)   after consideration of any recommendation or report thereon from the Vice-Chancellor, to determine the terms of service and general conditions relating to the employment of administrative, clerical, technical and support staff, and to establish, disestablish, or otherwise make or discontinue financial provision for appointments to such posts;

   (m)   to determine the salary scales and general rates of payment for all categories of staff appointed by the University and for other persons commissioned to give services to the University, and to appoint and employ such persons, pay their salaries, wages or fees, and, subject to the provisions of Statute XVII, terminate their appointments;

   (n)   to make provision, so far as it thinks fit, for schemes of insurance, superannuation, pensions or retirement benefits for persons in the employment of the University and the wives, widows and dependents of such persons, to subscribe to benevolent and other such funds for the benefit of such persons, and to make such payments as it thinks fit to such persons;

   (o)   to take such steps as it thinks fit for furthering the objects and interests of the University by making provision for teaching and research, for the printing and publication of research and other works which may be issued by the University, and for the welfare of the staff and the students of the University; such steps to include the provision and maintenance of grounds, recreation facilities, buildings, premises, furniture, equipment and other means required for carrying on the work of the University and maintaining its efficiency and well-being;

   (p)   to call for reports from the Vice-Chancellor or the Senate, and to review the work of the University in the light of such reports;

   (q)   to make provision for payments to external examiners and to such other persons to whom it thinks fit to make payments to further the objects of the University, and for scholarships, prizes, grants and such other payments to students of the University;

   (r)   after consideration of any recommendation or report thereon from the Senate, to determine fees to be charged to students;

   (s)   to determine to whom the award of Honorary Degrees of the University shall be made in accordance with the procedure prescribed therefor by the Statutes;

   (t)   to decide, after consultation with the Vice-Chancellor, whether or not any donation, gift, grant, devise, bequest or other bounty to the University should be accepted;

   (u)   to enter into agreements and other relationships with other institutions or bodies, whether academic or otherwise, for such purposes as the Council may determine, including the embodiment within the University of any other institution or body and the taking-over and assumption of the property, rights, privileges and liabilities of such other institution or body.

   (v)   to select persons for entry as students of the University on the recommendation of the Selection Committee established in accordance with the Statutes.

   (2) The Council shall consider any recommendation made by the Senate for the amendment or alteration of Statutes relating to the academic administration of the University and for taking any other action in respect of academic matters, and shall either accept, refer back or reject any such recommendation:

   Provided that it may not be rejected unless the Senate has previously been informed of the Council’s reasons for wishing to reject it and has been given an opportunity to comment thereon to the Council.

   (3) The Council shall not discriminate against any person because of race, ethnic origin, political affiliation or opinion, religion, or sex whether in respect of—

   (a)   the appointment of any person to the academic or other staff of the University; or

   (b)   the registration of any person as a student of the University; or

   (c)   the right of any person to hold any advantage or privilege of the University,

and the Council shall ensure that such discrimination shall not be practised in any instance by the Senate, any Statutory Committee, committee or officer of the University.

   (4) The Chairman shall keep the Chancellor fully informed on matters concerning the general conduct of the affairs of the University.

11.   Composition of the Council

   (1) The Council shall consist of the following members—

   (a)   the Chairman of the Council, appointed by the President;

   (b)   the Vice-Chancellor;

   (c)   the Principals of Colleges;

   (d)   the Secretary for Education, or his designate representative, ex officio;

   (e)   the Secretary to the Treasury, or his designate representative, ex officio;

   (f)   two members appointed by the Chancellor;

   (g)   four members appointed by the Senate from among its members;

   (h)   one member elected by the University of Malawi Alumni Association;

   (i)   one member appointed by the Council from a panel of three persons distinguished in university affairs in Malawi nominated by the Vice-Chancellor;

   (j)   one female member and one male member elected by the University of Malawi Students Union;

   (k)   such other members, not exceeding four, as the Council may co-opt, pursuant to subsections (3) and (4).

   (2) Ex officio members of the Council shall remain members for so long as they hold the office, or the nomination, by virtue of which they have become members.

   (3) Co-opted members of the Council shall be elected from a panel nominated jointly by the Chairman and the Vice-Chancellor. The panel so nominated shall consist of not less than eight persons engaged in the professions and in industrial, agricultural and commercial occupations in Malawi.

   (4) Of the co-opted members elected, at least one shall be a woman and one a practising member of the teaching profession. No member of the full-time academic or administrative staffs of the University may be elected to the Council as a co-opted member.

   (5) Every member of the Council, except the Vice-Chancellor, the Principals and an ex officio member, shall hold office for two years from the date of appointment, and shall be eligible to be reappointed a member of the Council for further periods of two years.

   (6) The Council shall appoint, from among the members appointed under paragraphs (f) and (i) of subsection (1), a member of Council to be Vice-Chairman thereof, who shall perform all the functions and duties of the Chairman in the event that the Chairman is unable to perform his functions and duties for any other reason.

   (7) The Registrar shall act as Secretary to the Council.

   (8) The Council shall appoint, from among the members appointed under paragraphs (e), (i), and (j) of subsection (1), a member of the Council to be Vice-Chairman thereof, who shall perform all of the functions and duties of the Chairman in the event that the Chairman is absent from Malawi, or, for the purposes of any meeting of the Council, in the event that the Chairman fails to attend such meeting.

   (9) The Registrar shall act as Secretary to the Council.

12.   Meetings and procedure of the Council

   (1) The Council shall meet at such times and places as may be necessary or expedient for the transaction of business, and such meetings shall be held at such times and places and on such dates as may be provided by the Statutes, or otherwise as the Council may determine:

   Provided that the Chairman may at any time call a meeting of the Council and shall do so on the request in writing made to him in that behalf by any five members.

   (2) One-third of the members of the Council shall constitute a quorum thereof.

   (3) If the Chairman and Vice-Chairman are for any reason absent from any meeting of the Council, the members present may elect one of their number to preside at such meeting.

   (4) Any matter for decision by the Council shall be determined by a majority vote of the members present and voting, and where there is an equality of votes the Chairman, or, in his absence, the Vice-Chairman or other member presiding, shall have a casting vote in addition to his deliberative vote.

   (5) Subject to this Act and the Statutes, the Council may determine its own procedure.

PART IIIA
STUDENTS LOAN SCHEME

12A.   Establishment of the Students Loan Scheme

   (1) Where in exercise of its powers and functions under section 10, the Council requires students admitted to the University to pay fees, the Council may establish and operate a scheme to be known as the Students Loan Scheme which shall consist of funds out of which loans may be granted to students to enable them pay such fees.

   (2) Every loan under the Students Loan Scheme shall be granted under an agreement in writing (hereinafter referred to as a "loan agreement") to be entered into between the Council and the student seeking the grant of the loan.

   (3) Every loan agreement and the provisions, terms and conditions thereof shall be in the form prescribed by Statutes.

12B.   Enforceability of loan agreement

   A loan agreement under the Students Loan Scheme shall bind the student who is a party to it and shall be enforceable against him in accordance with its provisions, terms and conditions notwithstanding any written or other law whatsoever to the contrary respecting the capacity of a minor to enter into an agreement and to be bound thereby.

12C.   Powers of the Council respecting the Students Loan Scheme

   (1) In administering the Students Loan Scheme, the Council shall have power, subject to the general or special directions of the Minister, to determine—

   (a)   the criteria in accordance with which a student may be considered eligible for a loan;

   (b)   the amount of loan repayment instalments and the interest chargeable thereon;

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