Malawi
University of Malawi Act
Chapter 30:02
- Commenced on 24 February 1975
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
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;[12 of 1998]“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;[12 of 1998]“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;[12 of 1998]“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;[12 of 1998]“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;[12 of 1998]“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;[7 of 1988]“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.[4 of 1981][7 of 1988][12 of 1998]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
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.[12 of 1998]6. Functions of the University
The functions of the University shall be—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.[12 of 1998]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—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
[7 of 1988]12A. Establishment of the Students Loan Scheme
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
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
The Council may invest, on interest bearing accounts with commercial banks or other financial institutions in Malawi or in such other securities available in Malawi as the Minister may generally or specially approve, such sums out of the funds appropriated or otherwise received for the purposes of the Students Loan Scheme as are not immediately required for such purposes.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
The Senate shall perform such functions and exercise such powers as are prescribed by this Act or by the Statutes to be performed or exercised by the Senate.19. Meetings of the Senate
The Senate shall be convened, from time to time, and meetings thereof shall be held, in accordance with the relevant provisions of the Statutes.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
Subject to the provisions of this Act and of the Finance and Audit Act, the Council may borrow, either by way of overdraft from a banker or otherwise, such sums as it may from time to time require for the carrying out of its functions and powers.Part VIII – Miscellaneous
29. The Statutes
Subject to this Act, the University shall be governed and administered in accordance with the provisions of the Statutes set forth in the Schedule.30. Amendments to the Statutes
31. Senate Regulations
32. Service of process and other documents on the Council
Any writ or other process, notice, or document may be served upon the Council by serving the same upon the Registrar.History of this document
31 December 2014 this version
Consolidation
24 February 1975
Commenced