Defying all pieces of advice put forward from various quarters, the University Council has gone ahead to implement and reintroduce the controversial quota system over the selection of students to the University of Malawi. However, let me join those contributing towards the discussions on the quota system and its implications on the country as a whole and development of the education standard in particular with sober analysis being one of the champions of quality education. Mainly, I will concentrate on unconstitutionalism of the system.

It is not hidden fact that the system has already put the academic calendar of the university at jeopardy as witnessed in the delay of releasing of the 2008 University selection list.

The introduction comes at the time when the University Senate, various civil societies recommended to the Council that reintroduction of this once denounced system should follow a thorough research and consultation.

In the first place, the Quota system is a kind of selection which when adopted will see students being selected into the University of Malawi based on district of origin and not based on the grades one scores. Based on the quota system used during the one party era, ten students are selected per district. Using information sourced from the University of Malawi office, the same style had been used. This is to say that only 10 best students per district would be selected. It is further alleged that the remaining space would be filled by students from other larger districts. Districts which have less than 10 people pass 6-36 points on MSCE, students from neighboring districts will be selected.

To set matters straight, the Quota system leaves a lot to be desired. In the first place, the system reflects badly on the standard of education of this already dwindled standard education standard of this country - It’s like adding salt to a fresh wound. As a result, less deserving students will be selected. Based on the same conditions and education resources, imagine the situation of two students. The first student who spent sleepless nights studying and working hard in readiness of MSCE and manages to pass with 12 points. His/her goal was to go to University of Malawi. On the other hand, there is a student who did not work very hard, and had most of his/her nights spending nights sleeping. This student manages to pass 32 point. However, the former students is left and has his/her time on school spent on vain because there are already 10 people who passed better than him in the range of 8-11 points.

On the other hand, however, the latter student manages to be selected because only him from his district of origin managed to pass with the grades. However, if the meritocracy (based on examination results and not districtism-district of origin), the students with good marks, the former, would be selected. His hard working spirits deserves to pay for him and not seeded because of district of origin.

Within the two scenarios, it is my strong belief that the quota system deprives the hard working students. Additionally, the quota system comprises on hardworking. Students would stop working hard and deprive the quality of education further.

In addition, the quota system does not help solve matters on distribution of education resources as proponents of the system tend to argue. Just a recap, people in support of re-introduction of the system argue that university education is resource-intensive and uses tax payers’ money to the extent that it is unfair that it is unfair that the resources are enjoyed by a few individuals who dominate the university from various districts or regions. They observe that a certain tribe or group of people from various regions dominate the university sector, yet the tribe has the smallest population. It is argued that the University Council established that Northern region with a total population of 12% gets a third of the University space while Central and Southern Region with a population of over 88% share the other two thirds. This argument asserts that the quota system will solve this trend.

On it self, this argument is logically invalid. Even if it were true of the space sharing among these regions, I still believe that the system will just worsen the situation. What was needed was to find out why students from other regions are passing well both MSCE and entrance exams. What we are seeing are just effects of a bigger problem. Introducing quota is like forcing a horse to drink water instead of knowing if the horse will need the water to drink and then give it. The root causes, with the reintroduction of quota has been left to accumulate.

Following the observation that there has been selection disparity among urban and rural students because the rural students use schools without good resources, then the government is to blame that it has left the situation to that level. It is the government’s responsibility to purchase and redistribution of teaching materials to all schools in the same way. I did my senior secondary school at Tukombo CDSS which then had only about 4 trained teachers for primary school yet here they were rabbiing secondary students. It is no denying fact that rural schools, be it secondary or primary schools, there is a lack of teachers. It is my argument that the government has to make sure that teaching in rural areas is also liked by bringing in some incentives like rural allowances that could make teachers to start liking rural schools. Additionally, the government should also purchase modern teaching and learning equipments to be distributed to all schools in the country. This would level the ground.

But as I have stated earlier on, it is important to issue out a research on why other students from regions or districts aren’t doing well. This would assist to solve the root cause of the disparity rather than tackling effects.

I also agree with those who argue that the quota system should not be reintroduced as a tool of positive discrimination-affirmative action. Affirmative action is introduced where some people were deliberately discriminated against. These proponents critically give an example of African societies where women are discriminated against. Ladies in African societies are mostly considered as objects and are treated as such. Formerly, in Malawi, male children were favored and sent to schools while female kids were being taught how to be good housewives and treat their husbands. Such deeds have been discriminatory to the women human beings.

Similarly, some tribes have been discriminated to work or study in other areas or schools. A good example is South Africa, where the apartheid regime did not allow black people to attend white attended schools and areas. This has been discriminatory to the black people. Affirmative actions like the quota systems are introduced in these scenarios in order to empower those groups of people which were initially discriminated against. The idea is to have resource redistribution to attain equity.

However, as it is in Malawi, there have been no cases where other people from a particular district, tribe or region have been discriminated and disadvantaged apart from time when teachers from the north were chased and sent back to teach in the Northern Region during the Kamuzu era because of political reasons.

If quota system was to be introduced, then it should aim at female students because they have mostly been discriminated and disadvantaged at the expense of our culture as already pointed out. But above all, there is no proof that the disbudded meritocracy system has been working to the disadvantage and discriminating against other students from other tribes, districts and region. With quota system, does it mean that the same quota system will be used in marking school works? Will degrees and other qualifications be obtained based on district of origin? If the answer is no to these questions, then what logic is there to use quota on selection only? Someone needs to lecture me on these. The quota system will also see students feigning surnames and districts of origin just to be considered for selection.

Most importantly, one does not need to be a law expert to see that quota system is unethical and unconstitutional as it promotes discrimination and tribalism and nepotism. The system infringes on various human rights as outlined in the Constitution of the Republic of Malawi which is the Supreme Law in this land and guides all deeds of every one in here. For example, Section 20 of the Constitution clearly states that all people are equal and discrimination of persons in any form is prohibited and all persons are, under any law, are guaranteed equal regardless of race, color, sex, or district of origin. From the look of things, the meritocracy has not discriminated against any 1. But on the other hand, the quota system discriminates against deserving students based on their districts. The constitution is clear on human rights like education and work. A person is at liberty to learn and work ever where within the country without considering the tribe, district or region of origin. The quota system deprives people of that right. No sooner had this been introduced than we will be told that quota system will also be applied for those to work in government. As a result, the country will be divided into sects of tribes and regions more than it is now. This has various consequences. In Kenya, Nigeria, Sudan, Somalia, Iraq among others, there have been some civil wars started based on tribes, district or regions of origin. The system will render other tribes, regions or districts inferior to others.

The Council has defied all odds and advice to conduct thorough review of the meritocracy and public opinion, but gone ahead to implement the system. My last word to the Council therefore would be to remind them of the adage that an ear that does not listen to pieces of advice is buried with the head when it is cut. But to fellow Malawians, I would urge them to oppose this swift re-introduction of the system, whether through taking the council to the court of law for implementing something which is unconstitutional, inhumanly, undemocratic and discriminatory contrary to the Section 10 (1b) and Section 10 (3) of the University Act. In the first place, the Council has implemented the quota system against recommendations from the Senate of not going ahead with the system which is breach of Section 10 (1b) of the aforesaid Act. The process and speed with which quota system issue has been handled compel any rational being to suspect sinister motives behind the scenes.

Secondly, all factors considered, the quota system is unethical and unconstitutional as it promotes discrimination and tribalism and nepotism. As argued from this article, there is no ethical, humanity and constitutionalism in quota system, hence it’s a system that must not be pursued further if we are to keep our Malawianism intact. The system, as outlined in this paper, is discriminatory as students will be selected based on origin, which is discriminatory as compared to the use of examination. This is in breach of Section 10 (3) of the Act which states that the “The Council shall not discriminate against any person because of race, ethnic origin, political affiliation or opinion, religion or sex whether in respect of …(a) the appointment of any person to the academic or other staff of the University…(b) the registration of any person as students of the University; …or (c) the right of any person to hold any advantage or privilege of the University and the Council shall ensure that such discrimination shall not be practiced in any instance, by the Senate, any Statutory Committee, committee thereof or office of the University…”. From the look of things, it is the Council which is now promoting discriminatory and infringing on people’s rights. To this far, the quota system has more harm than the cure needed for redistribution of resources. I therefore urge fellow Malawians to stand up and take action against the University Council to oppose the reintroduction of this ethical and unconstitutional quota system.