2 July 2009
THE Lusaka High Court has ordered the Zambia Institute for Advanced Legal Education (ZIALE) to enrol law students from Zambia Open University (ZOU) for the 2009 and 2010 legal practitioners qualifying course.
High Court Judge Nigel Mutuna in his judgment delivered in chambers yesterday also directed the counsel for ZIALE to certify the ZOU law degree qualifications as being equivalent to those offered at the University of Zambia (UNZA).
This was in a matter in which ZOU law students Charles Khanyinga, Willis Muhanga, Miyanda Banda, Maxwell Mainsa and Bentry Banda had applied for judicial review in the High Court after ZIALE refused to enrol them as students.
He said the refusal by the ZIALE council to enrol the applicants on the basis of section 11 (A) of the Legal Practitioners Act was unjustifiable and unlawful as it failed to follow the correct provision of the law.
"I find that this is a proper case for an order of mandamus directing the council of the Zambia Institute for Advanced Legal Education to certify the law degree qualification of the applicants obtained from ZOU as being equivalent to the law degree from University of Zambia eligible for admission as students at ZIALE and I so direct.
"I also order that the respondents should forthwith enrol the applicants into ZIALE for the 2009 and 2010 legal practitioners qualifying course, costs to the applicants to be agreed and taxed in default, leave to appeal is granted," he said.
He indicated that the applicant had sufficient legal interest in the said demand as they had acquired the LLB degree qualification and now wished to be enrolled at ZIALE.
Mr Justice Mutuna said submissions filed did not suggest that the degree offered by the ZOU was not certifiable by the council of the Zambia Institute for Legal Education but disqualified the applicants on the basis of section 11 (A) of the Legal Practitioners Act.
Mr Mutuna stated that the said Act does not in any way suggest that the LLB degree offered at ZOU was inferior or uncertifiable by the ZIALE council.
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