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ZIALE denies 5 students entry
3:41:28 Pm
By CHARLES MUSONDA
THE Zambia Institute of Advanced Legal Education (ZIALE) Council has refused to enroll five law students from the Zambia Open University.
This is because the students do not qualify for enrolment at ZIALE under the Legal Practitioners Act.
And the Lusaka High Court has granted the students leave to apply for judicial review against the council’s decision not to enroll them.
The students are also seeking a court order to stay and reverse the council’s decision not to admit them to the highest legal training institute in Zambia.
The ZIALE council denied them application forms to enroll as students for the 2009-2010 intake.
The students are aggrieved by the refusal, which they say is irrational, irregular, unlawful, and unjustified.
They are, therefore, seeking an interim order declaring that the grant of leave should operate as a directive reversing the ZIALE Council’s refusal and directing the institute to enroll them pending final determination of the matter.
The students’ lawyer Michael Mundashi argued that when the council carries out its functions, it conducts public functions as opposed to private law functions.
Mr Mundashi submitted that the ZIALE Council is amenable to judicial review and that the application is properly before court.
“The Legal Practitioners Act only comes into play on admission of a successful student to the bar and not at the stage of enrolment at ZIALE. The applicants are qualified, having been certified by a university recognised under the Universities Act,” Mr Mundashi said.
But ZIALE Council secretary Rodgers Chibuye said the council is guided by the Legal Practitioners Act Cap 30 in the performance of its functions relating to enrolment of students for the Legal Practitioners Qualifying Course.
Mr Chibuye said this is in addition to the ZIALE Act CAP 49 of the Laws of Zambia.
“The council has adopted the professional and academic qualifications set out under Section 11A(a) of the Legal Practitioners Act as minimum entry requirements for prospective students of the legal practitioners qualifying course,” Mr Chibuye said.
And Attorney General Mumba Malila, who is second respondent in the case, said through his representatives that there is no justification for enrolling a student at ZIALE who would be disqualified from admission to the Zambian Bar.
Mr Malila urged the court to dismiss the application for lacking merit and not being fit for further investigation.
In his ruling, Judge Nigel Mutuna said there is a genuine difference of opinion between the parties regarding qualification for enrolment.
“On the one hand, the applicants are contending that in determining their suitability for enrolment, the ZIALE Council should limit itself to provisions of the ZIALE Act and not extend to the Legal Practitioners Act.
“The respondents, on the other hand, are contending that Section 11(A) of the Legal Practitioners Act should be taken into consideration in determining suitability of a student for enrolment.
I find this to be a genuine difference and an arguable case warranting further investigation,” Mr Justice Mutuna said.
He granted the students leave to apply for judicial review on that basis.
On the students’ request for stay of the council’s refusal to enroll them, Mr Justice Mutuna said provisions of Order 53/3/10/a of the White Book, as they relate to stays, are for purposes of preserving the status quo.
He said the provisions are not for purposes of affording the applicant a status superior to the one they had before commencing the action or achieving the main relief sought.
“If the stay is granted, it will not be retaining the status quo but rather accomplishing the main relief sought. I, therefore, refuse to grant the stay,” he said.
