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Mashudu Netsianda Senior Court Reporter
THE High Court yesterday quashed the suspension of three Midlands State University (MSU) students who were accused of mobilising other students through WhatsApp to stage a protest over poor living conditions at the Zvishavane campus. Bulawayo High Court judge Justice Nicholas Mathonsi’s ruling follows an urgent chamber application by Fanele Maqele, a final year politics and public management student, Aldrin Nyabando and Tendai Warambwa who are both second year students majoring in development studies, challenging their suspension by the university.
Justice Mathonsi ordered MSU Vice-Chancellor Prof Ngwabi Bhebhe to allow Nyabando and Warambwa to write the examination which they missed yesterday.
He said the two should be allowed to sit for the examination when others write supplementary examinations.
The judge also ordered the university to convene the trio’s disciplinary hearing within 14 days after their last examinations. The trio was served with suspension letters on April 11, 2016.
The three were suspended from the university pending their appearance before a disciplinary committee. They were also barred from visiting the campus without the Vice-Chancellor’s permission.
According to court papers, the trio allegedly posted on WhatsApp that it had organised a massive protest in Zvishavane soon after the start of the new semester.
Part of the message read: “Those who go against the Zvishavane relocation it’s now time to air your views through a protest . . . we have organised a massive protest…due to several reasons which include poor living conditions both on campus residence and in accommodation provided in the vicinity. United we stand divided we fall …”
According to the message purportedly authored by the three applicants, they cited the existence of illegal gold panners who they said put students at risk of contracting HIV/Aids. They also cited high temperatures, shortage of water and electricity as some of the reasons why the campus should be closed.
The trio through its lawyers, Chitere, Chidawanyika and Partners distanced themselves from the message, which started circulating on February 17, 2016.
They argued that the original author of the message was not known.
The trio said suspension letters were vague and open ended as they did not indicate the day of hearing. The three students have not been attending lectures since April 22.
derick.khumalo