University students failing to participate in the virtual
classrooms during lockdown due to lack of smartphones, laptops and
unavailability of Internet services in some parts of the country, have
contested the introduction of e-learning at the High Court.
The Zimbabwe National Students Union (Zinasu) filed an
urgent chamber application after complaints by Midlands State University (MSU)
students that virtual learning was not feasible.
They argued in the application that their rights to
administrative justice was violated as MSU unilaterally made the decision
without consulting relevant stakeholders.
According to the court challenge, the decision would
violate the students’ right to education as well as the right to be treated
fairly without discrimination.
The students said they are failing to participate in the
virtual classrooms due to the cocktail of challenges including lack of smart
devices as laptops and smartphones or the Internet.
The students cited MSU and Higher and Tertiary Education
Minister Amon Murwira as first and second respondents respectively.
Harare lawyer Mr Denford Halimani of Wintertons Legal
Practitioners represented the students in the urgent chamber application. The application is yet to be set down for hearing.
According to a certificate of urgency signed by the
students’ lawyer, Zivanai Makwanya, the students right to proper education is
under threat in that they are presently unable to access e-learning.
“This is because many students come from rural areas where
there is poor or no cellular coverage or network to enable them to access
e-learning. Many students also come from underprivileged backgrounds and are
unable to afford the increased cost of data to enable them to access e-learning
material.
“Many of the students reside in areas where there is no
electricity supply at all to enable them to charge their cellphones and laptops
(for those with such gadgets).
“This is grossly unfair to the affected students and
clearly the students right to education has been violated and continues to be
violated as long as this is not stopped,” read the court papers.
According to the court papers, the students said e-learning
must be suspended.
“It is ordered that the students of the first
respondent(MSU) are entitled to be heard on the efficacy of e-learning
accordingly the unilateral decision to resume lessons through e-learning during
the lockdown period is hereby suspended pending consultation with the students’
representatives,” reads the order being sought for.
Alternatively, the students said in the event that the
court upholds the current e-learning initiative, MSU should open its e-learning
platforms to its students during the lockdown irrespective of payment of fees
and any other financial regimens demanded by the institution as a prerequisite.
According to the supporting founding affidavit of zinasu
president, Allan Moyo, he said that investigations done before the filing of
the application showed that out of 25 000 students enrolled at MSU, only 9 000
were actually registered before the closure of the university. Herald
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