CHAPTER 30:09
MZUZU UNIVERSITY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE UNIVERSITY

   3.   Establishment of the University

   4.   Membership of the University

   5.   Objects of the University

   6.   Functions of the University

   7.   Specialist training

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 IV
MZUZU UNIVERSITY TRUST

   13.   Mzuzu University Trust

PART V
OFFICERS OF THE UNIVERSITY

   14.   Chancellor

   15.   Functions and duties of the Chancellor

   16.   Vice-Chancellor

   17.   Registrar

   18.   Librarian

   19.   Director of Investments

   20.   Director of Research

PART VI
THE SENATE

   21.   The Senate

   22.   Invited persons

   23.   Functions and powers of the Senate

   24.   Meetings of the Senate

PART VII
FACULTIES, CENTRES AND INSTITUTES

   25.   Faculties, Centres and Institutes

   26.   Deans

   27.   Directors

   28.   Composition of Faculties

   29.   Composition of Centres and Institutes

   30.   Faculty Committee

PART VIII
FINANCIAL PROVISIONS

   31.   Property of the University

   32.   Compliance with the Finance and Audit Act

   33.   Accounts

   34.   Borrowings

PART IX
MISCELLANEOUS

   35.   The Statutes

   36.   Amendments to the Statutes

   37.   Senate Regulations

   38.   Service of process and other documents on the Council

12 of 1997
G.N. 48/1997

An Act to provide for the establishment of the Mzuzu University and for the conduct and management thereof; for the establishment and incorporation of the Council of the Mzuzu University as a body corporate and as the governing body of the University; for the establishment of a Senate thereof; and for matters incidental to and connected with the foregoing

[1ST JULY 1997]

PART I
PRELIMINARY

1.   Citation

    This Act may be cited as the Mzuzu University Act.

2.   Interpretation

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

   “Centre” means a Centre within the University instituted under section 25;

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

   “Chancellor” means the person who is the Chancellor of the University under section 14;

   “Committee” includes sub-Committee;

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

   “Dean” means the Dean of a Faculty elected by a Faculty pursuant to section 26;

   “Director of Investments” means the Director of Investments appointed pursuant to section 19;

   “Director of Research” means the Director of Research appointed pursuant to section 20;

   “Faculty” means a Faculty within the University instituted under section 25;

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

   “Institute” means an Institute within the University created under section 25;

   “Librarian” means the Librarian appointed pursuant to section 18;

   “Minister” means the Minister responsible for University education;

   “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;

   “President” means the President of the Republic of Malawi;

   “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;

   “Registrar” means the Registrar of the University appointed pursuant to section 17;

   “Senate” means the Senate of the University established under section 21;

   “Senate Regulations” means Senate Regulations made under section 36;

   “Statutes” means the Statutes made under section 35;

   “University” means the Mzuzu University established under section 3;

   “Vice-Chancellor” means the Vice-Chancellor of the University appointed pursuant to section 16.

PART II
ESTABLISHMENT OF THE UNIVERSITY

3.   Establishment of the Mzuzu University

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

4.   Membership of the University

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

   (a)   the Chancellor;

   (b)   the Vice-Chancellor;

   (c)   the Deputy Vice-Chancellor;

   (d)   the Registrar;

   (e)   the Librarian;

   (f)   the Director of Investments;

   (g)   the Director of Research;

   (h)   members of the Council;

   (i)   members of the Senate;

   (j)   all graduates of the University;

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

   (l)   all Deans of Faculties of the University;

   (m)   all Directors of Centres and Institutes;

   (n)   all professors, lecturers and assistant lecturers of the University;

   (o)   all other members of the academic, administrative, and research staff of the University;

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

   (q)   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, research, and training by making provision for the dissemination, promotion, and preservation of learning; by engaging in such university education, research, and training as is responsive to the needs of Malawi, Africa and the whole world; by offering an education of a high university standard; and by providing complementary services to meet the technological, social and economic needs of individuals and communities in Malawi.

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, research, and training as is responsive to the needs of Malawi, Africa and the whole world;

   (c)   to provide facilities for higher education, for research, for training, 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.   Specialist training

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

PART III
THE COUNCIL

8.   Establishment and incorporation of the Council

    There is hereby established the Council of the University, 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 members 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—

   (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 determine, 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 such 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)   to operate bank accounts, 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 Faculties, Centres, Institutes or such other academic sections of the University, in accordance with this Act;

   (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 the Statutes terminate their appointments;

   (n)   to make provisions, 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 spouses 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;

   (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 therefore 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.

   (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.

11.   Composition of the Council

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

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

   (b)   the Vice-Chancellor or the Deputy Vice-Chancellor;

   (c)   the Chairman of the Board of Trustees of the Mzuzu University Trust, ex officio;

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

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

   (f)   three members elected by the Senate from among its members;

   (g)   one member elected by the Mzuzu University Alumni;

   (h)   one member appointed by the Council from a panel of three persons distinguished in university affairs in Malawi;

   (i)   two registered students of the University elected by the student body;

   (j)   one member elected by the University of Malawi Senate from amongst their number.

   (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) The Vice-Chancellor and the Deputy Vice-Chancellor shall serve as members of the Council for so long as they retain the offices of Vice-Chancellor and Deputy Vice-Chancellor.

   (4) Every other member of the Council shall serve until the end of the third year following his appointment, or until such earlier date as may, at the time of his appointment or election, be determined by the person or authority appointing or electing him, and shall be eligible for reappointment or re-election.

   (5) The Vice Chairman shall be appointed by the Council from amongst its members and shall preside over the meetings of the Council in the absence of the Chairman.

   (6)—(i) A vacancy on the Council shall arise on—

   (a)   the expiry of the term of office of a member;

   (b)   the resignation of a member after one month’s written notice to the Chairman;

   (c)   the death of a member;

   (d)   a member leaving the country for more than three years;

   (e)   a member failing to attend three consecutive meetings of the Council, of which he has had notice, without valid excuse or reason;

   (f)   a member becoming mentally or physically unfit, and the Council is of the opinion that he is no longer, by reason of such unfitness, capable of performing his duties as a member of the Council;

   (g)   a member being declared bankrupt.

   (ii) A vacancy due to any one of the above shall be filled within one month of the occurrence of such vacancy.

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

   (8) The Chancellor may, in consultation with the Minister, dissolve the Council.

   (9) The Chairman shall keep the Chancellor and the Minister fully informed on matters concerning the general policy of the University.

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) A simple majority 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 IV
Mzuzu UNIVERSITY TRUST

13.   Mzuzu University Trust

   The Mzuzu University Trust established under the Trust Deed and incorporated under the Trustees Incorporation Act prior to the coming into force of this Act shall be deemed to have been executed by the Council under section 10 (1) (g) of this Act.

PART V
OFFICERS OF THE UNIVERSITY

14.   Chancellor

   (1) There shall be a Chancellor of the University who shall be the head of the University.

   (2) The President shall, unless he declines the appointment, be the Chancellor of the University.

   (3) Where the President declines the appointment under subsection (1), the Chancellor shall be appointed by the Council in consultation with the Minister.

   (4) The Office of Chancellor shall be vacated by him—

   (a)   upon the submission of his resignation therefrom, in writing, to the Council;

   (b)   if he becomes mentally or physically incapable of performing his duties as Chancellor.

   (c)   if he is declared bankrupt;

   (d)   if he is absent from Malawi for a continuous period of six months or more, without the permission of the President or the Council;

   (e)   if, for any offence against any written law, he is sentenced to a term of imprisonment of, or exceeding, six months, otherwise than as an alternative to, or in default of, the payment of a fine.

15.   Functions and duties of the Chancellor

   (1) The Chancellor, whenever present, shall preside at all ceremonial and other congregations of the University and shall, in the name of the University, confer all degrees, diplomas and certificates of the University.

   (2) The Chairman and the Vice-Chancellor shall keep the Chancellor and the Minister fully informed on matters concerning the general conduct of the affairs of the University and shall furnish the Chancellor and the Minister with such information as they may request on any particular matter relating to the affairs of the University.

   (3) The Chancellor shall exercise such other functions and duties in relation to the University as are conferred upon him, from time to time, by the Statutes.

16.   Vice-Chancellor

   (1) There shall be a Vice-Chancellor of the University, who shall be the principal academic and administrative officer of the University.

   (2) The Vice-Chancellor shall be appointed by the Council after considering recommendations in writing on the suitability of various candidates submitted to the Council by a committee of nine members appointed for that purpose and consisting of—

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