Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE High Court has dismissed an application by seven students from Solusi University challenging their suspensions over recent protests against the introduction of a $90 development levy.
The ruling by Bulawayo High Court judge Justice Francis Bere follows an urgent chamber application by Ashwell Zikhali, Horiyega Tarikai, Caution Chikonamomba, Nkululeko Nkabinde, Thabo Moseki, Thabang Langa and Innocent Mushamba through their lawyers, Zimbabwe Lawyers for Human Rights, citing Solusi University and its Vice-Chancellor Professor Joel Musvosvi, as respondents.
The seven were accused of leading demonstrations’ which led to students boycotting classes as they demanded to be addressed by the university’s management over the new levy.
The students sought an order setting aside their suspensions. They also wanted the university authorities to be barred from denying them their rights and privileges.
Justice Bere ruled that the application lacked merit. He said the court could not interfere with the suspensions before an internal disciplinary hearing is conducted.
In his founding affidavit, Zikhali, who is the president of the university’s Student Representative Committee (SRC) and a fourth year theology student, said the decision by Prof Musvosvi to suspend students was unjustifiable and a violation of their constitutional right to education. “My co-applicants and I were ordered at the hearing on the 31th of October 2017 to leave the premises with immediate effect following letters of suspension. There is no indication in the letters of suspension why we are being suspended. This in my view is a violation of our rights to education as enshrined in the constitution,” he said.
Zikhali said they were only being used as an example for all students to see so that in future they may not be able to raise any issues about decisions made by the Vice-Chancellor.
The suspended students said the suspensions were going to affect their studies as they were not be able to attend classes at a crucial period when they are preparing for examinations to be written in the coming weeks.
According to court papers, sometime in September this year, the students were told by university authorities about the introduction of a development levy without having been engaged or consulted.
The communication gave them an option to convert their security deposits into the development levy.
The students were unhappy with the decision and decided to meet over the issue.
Zikhali said when they held a meeting on October 18, the students tasked their representatives to request to be addressed by university authorities which was declined.
“On the following day on 19 October, the university called a meeting for all students which was addressed by the Vice-Chancellor. To our surprise, there were uniformed police officers around campus and we felt intimidated. During the meeting we were advised that the position on the introduction of a development levy had not changed,” he said.
The students were handed suspension letters two days after the meeting.
They argued that the suspension letters did not indicate why they were suspended and for how long.
Some of the suspended students are foreigners from neighbouring South Africa and Botswana.
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Londile Moyo
Online Reporter