THE Kitwe High Court has dismissed an application for an injunction by the three Copperbelt University (CBU) workers Unions to restrain the Vice Chancellor from performing his duties.
High Court Judge Isaac Chali dismissed an application for an interlocutory injunction by the workers unions to restrain Professor Naison Ngoma from performing the functions of the Vice chancellor of CBU.
This is in a case in which the Copperbelt University Academics Union (CBUAW) and the Copperbelt University and Allied Workers Union (CBUAWU) as plaintiffs had sued the Copperbelt University Council and Professor Ngoma as defendants over the position of Vice chancellor.
Others are the Copperbelt University Senior Administrative and Technical Staff Union(COSATSU).
The workers unions had applied for an injunction restraining Professor Ngoma from performing the functions of the Vice Chancellor and an order to reconvene the University Council meeting to receive and deliberate over the report from the search committee.
They were also seeing a declaration that the recommendations made by the council to the Minister of Education was in contravention of the University Act and a declaration that the segmentation of five council members from the said meeting by the council chairman was irregular, unfair and unlawful.
The unions further sought a declaration that the University council meeting held on November 7 last year which received, deliberated and ratified the report from the search committee was null and void.
But in defence, council chairman Felix Mfula stated that the prerogative to appoint the Vice Chancellor was vested in the Minister of Education following the resolution of the special committee that professor Ngoma was suitable for appointment as Vice chancellor of CBU.
Mr Mfula contended that a recommendation was made to the Minister who effected the appointment thereby completing, validating and legalizing the process and that the industrial strike alluded by the unions was perpetrated by the plaintiffs because their preferred candidate did not get the appointment.
He claimed that the University campus was calm, peaceful and business going on smoothly.
And in his ruling, Mr Justice Chali stated that the plaintiffs did not demonstrate what injury, if any, would they suffer should professor Ngoma continue performing the functions of the Vice chancellor pending determination of the case.
“There would be greater injustice if an interlocutory injunction were to be granted. Iam satisfied that the plaintiff’s grievance can be adequately remedied at the trial of the action if they are successful and it follows from the foregoing that an interlocutory injunction cannot be granted in this case and the application is accordingly dismissed,” said the Judge.
He noted that the plaintiffs did not demonstrate as they were required to do, that they would suffer greater inconvenience if the injunction was not granted and that the defendants would have suffered greater inconvenience in the process.
The court granted leave to appeal.
but that professor has issues. the way he behaves and treats his fellow workers and students….eish! “once a soldier, always a soldier.” someone please advise him to chill.
He can’t. Like you say, “once a soldier always a soldier.” He enjoys being listened too and can be very opinionated about stuff. He was like that even as a student at UNZA in the mid to late 80s. He enjoys taking a bull by the horns provided he comes out the victor. Despite his ‘bully’ attitude he usually means well in his actions. From what I know of him, I think he is out to push CBU to international standards. May be give him time to implement his plans then he can be judged on his performance.
I hope the Government in Zambia can make use of our students by helping them do research works on projects directly to develop our country. This is what many Governments in developed countries are doing. If facebook was project by a student them much more can be achieved by our students.
Check history of ZIT-who was first Principal? You can’t fight dead men.God bless you.
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