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The High Court of Zimbabwe has set aside last year’s fees increase by the University of Zimbabwe (UZ) for undergraduate and postgraduate studies.
UZ students filed an urgent chamber application in September 2022 seeking an order reversing the 700 percent fee hike.
Undergraduate students were required to pay ZWL$500 000 while Masters students were required to pay a million for each semester.
In their application, the students, who were represented by the UZ Students Representative Council (SRC), said the raising of fees by the institution was unreasonable and irrational since the government had allocated $3.3 billion in the National Budget approved by the Parliament.
They submitted to the court that they could not afford the fees since most of them come from poor backgrounds.
In his ruling, High Court Judge, Justice Tawanda Chitapi, ordered that the fees increase, effected by UZ, be set aside.
Justice Chitapi further ordered UZ to pay the costs of the application incurred during the process. <a href="https://www.hmetro.co.zw/uz-fees-structure-resembles-a-tuckshop/">He ruled</a>:
<blockquote>
The first respondent (UZ Vice Chancellor Paul Mapfumo) was quite expected to be guided by the University Act which is clear on what powers he has as well as the powers of the Council and Senate.
It was quite astonishing that even the issue of payment of the increased fees was reduced to a tuckshop operation where discounts were given to students depending on the percentage of the total fees due if paid by a given date.
</blockquote>
In a notice dated 01 September 2022, UZ stated that those who were to pay 100 percent of their fees by the 31st of October 2022 were to enjoy a 12.5 percent discount.
It said those who pay 75 percent of their fees by 31 of October will enjoy a 10 percent discount while those that pay 50 percent will enjoy a 5 percent discount.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

High Court Rules UZ Fees Structure Resembles A Tuckshop

The High Court has ordered the University of Zimbabwe (UZ) not to withhold students’ results on account of non-payment of tuition fees.
The UZ Students Representative Council (SRC) approached the courts challenging UZ’s decision to increase tuition fees in 2022.
UZ also restricted students’ access to the examination results via its online platform if they had not settled the arrears of tuition fees it had gazetted.
On Friday, 20 January, High Court judge, Justice Tawanda Chitapi, ordered UZ to release examination results to the concerned students and arrange a payment plan with them for outstanding fees.
Justice Chipato also froze the hike of fees by UZ pending the court case in which the students are arguing, through their lawyer Tendai Biti, that the increase was unconstitutional and unjustified. Said the judge:
<blockquote>
Pending the delivery of judgment in Case No. HC 6194/22 reserved by Hon. Chitapi Jon 30 November 2022, the 1st respondent shall not enforce tuition fees set out in ordinance No. 63 dated 6 September 2022.
The 1st respondent is interdicted from withholding the release of results of the two applicants and other students represented by the 1st applicant on account of non-payment of the tuition fees set out in the ordinance.
The first applicant’s members and the second applicant shall however be required upon collection of their results to enter into payment arrangements with the first respondent in terms of which they undertake to pay the difference of the tuition fees set out in ordinance 63 and the previous semester fees levied before the ordinance. Each party bears its own cost.
</blockquote>
UZ was cited as the first respondent with the Ministry of Higher and Tertiary education as the second respondent. | <a href="https://www.newzimbabwe.com/high-court-orders-uz-to-release-of-examination-results-orders-institution-not-to-enforce-fee-hike/">NewZimbabwe.com</a>

High Court Orders UZ To Release Exam Results And Bars Fees Hike

The Zimbabwe Electoral Commission (ZEC) has announced the suspension of by-elections for wards 6, 8, 10, 15, and 23 of Binga Rural District Council scheduled for Saturday 03 December 2022.
In a statement on Friday, 02 December, ZEC chief elections officer Utloile Silaigwana said the High Court ordered the suspension of the by-elections after the nominations of five of the candidates were challenged in court. Reads the statement:
<blockquote>
The Zimbabwe Electoral Commission would like to inform members of the public that the High Court has ordered the suspension of by-elections for wards 6, 8, 10, 15, and 23 of Binga Rural District Council scheduled for Saturday 03 December 2022.
This follows urgent chamber applications by Collen Mudenda who challenged the nominations of John Simunene Sikabotu, Kingson Mpofu, Mathias Mudenda, Joseph Mwembe, and Wilson Siampolomba on the grounds that they were disqualified from contesting as candidates in terms of Section 119(2) (h) of the Electoral Act.
The Section states that a person shall be disqualified from being nominated as a candidate on the nomination day or the day of an election when he or she is in default with the payment of any levy, rate, charge, or tax due and payable to the council concerned for more than 120 days.
The High Court ordered that the Commission should not proceed with the by-elections for the five wards pending the hearing of the cases which was postponed to 4 January 2023.
However, despite this High Court order, by-elections for ward 20 of Binga Rural District Council, wards 4, 5, and 18 of Gweru Municipality, and ward 28 of Mberengwa Rural District Council will go ahead tomorrow 3 December 2022 as scheduled.
</blockquote>

ZEC Announces Suspension Of Some Binga RDC By-elections

The High Court has barred the Zimbabwe Electoral Commission (ZEC) from holding by-elections in five wards under Binga Rural District Council that were scheduled for 03 December 2022.
The by-elections have been suspended due to objections filed against the nomination of CCC candidates who are alleged to owe the local authority debts of over 120 days.
High Court judge Justice Tawanda Chitapi on Friday, 02 December, granted an application by Collen Mudenda who was seeking the court to bar Mathias Mudenda, who was cited as the first respondent, and ZEC, which was cited as the second respondent, from going ahead with the elections. Ruled Justice Chitapi:
<blockquote>
The elections set for 3 December 2022 for the election of Councillors for Wards 6, 8, 10, 15, and 23 of Binga Rural District Council be and are hereby suspended.
</blockquote>
Meanwhile, ZEC said all other by-elections scheduled for 3 December will proceed.
The by-elections will be held in Binga Ward 20 and in Gweru in wards 4, 5, and 18.

High Court Suspends Five Local Government By-elections In Binga

A High Court judge Thursday postponed a case in which University of Zimbabwe (UZ) students are seeking an order compelling the higher learning institution to reverse its steep fee increase.
The UZ Students Representative Council (SRC) approached the High Court challenging a staggering 1 000% fee hike in September.
Under the new fee structure, undergraduate students have to pay as much as $500 000 and a million for masters studies per semester.
NewsDay reported that High Court judge Justice Tawanda Chitapi postponed the matter to November 24 saying he needed more time to come up with a ruling. Chitapi said:
<blockquote>
It’s a case of bringing the vice-chancellor and the minister who made the suggestion together and hear the reasons for the increase in fees, so as to know whether it’s deemed as a necessary measure, knowing how the decision came about will shed more light on how to go about this case, hence hearing is set for November 24.
</blockquote>
According to the students’ lawyer Tendai Biti, the fee hike was unjustified. Argued the students:
<blockquote>
Consultations were done the wrong way as just one member of the SRC was requested to attend the meeting when by right other members of the council were supposed to be present there.
By right the process of fees hiking should have been done the right way and that involves consultations with the students’ council, the finance committee and the financial council. All of these mentioned parties were not involved in this unlawful act.
</blockquote>
The September fees hike triggered protests and some students were arrested after police stormed the UZ main campus.
Other<a href="https://zero.pindula.co.zw/msu-hikes-tuition-fee-by-more-than-400/"> state universities also raised their fees</a> citing the inflationary economy under which they operate.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Update On University Of Zimbabwe Fee Hike Case

The High court has reserved judgement in the urgent chamber application filed by 4 MDC legislators who were recalled by Douglas Mwonzora, New Zimbabwe reports.
This was after the Khupe led MDC T led by Lovemore Madhukeu argued that the matter was not urgent and the MDC Alliance was basing their case on rumours circulating in the press:
<blockquote>For a matter to be deemed urgent, there must be imminent issues warranting its arrival in court and at the time it arrives it must meet such a quality that it cannot wait. There must also be a cause of action, harm which has occurred or is likely to occur. In this regard, what is it which has caused the applicants to come to court?
What is surprising in this regard is that there is no substantial evidence to prove the point except only one article, which was attached as evidence. Surely, if all threats based on the media were to be taken seriously to the extent of justifying legal action, the courts would be overwhelmed by such unnecessary cases</blockquote>
However, the MDC Alliance argued that the matter was urgent because 4 legislators have so far been recalled:
<blockquote>So the application is not being made against the background of empty threats as alluded to by respondents. We, therefore, relate to such fears and we cannot wait until another recall,</blockquote>
Justice Tawanda Chitapi was presiding over the case and he said he will deliver his ruling on 29 May 2020.
More: <a href="https://www.newzimbabwe.com/high-court-reserves-judgment-on-mdc-a-challenge-to-stop-mps-recall/">New Zimbabwe</a>

Ruling On The The Application To Stop The Recalling Of MDC MPs To Be Delivered On 29 May 2020

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