COPY OF MODECAI LEGAL OPINION THAT MISLED UNIMA COUNCIL ON ISSUE OF DELINKING

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Limbani Nsapato

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Jan 25, 2021, 2:35:38 AM1/25/21
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Colleagues,
Please find attached the legal opinion, which in my view misled Unima
Council to reverse the decision by Parliament to enact new Acts
repealing the old Unima Act and establishing new Universities.
The opinion in my view is calling for lawlessness. The opinion should
take note that Parliament is a law-making institution. When the
proposals for delinking reached Parliament, Council surrendered its
powers to the People's representatives. And council has no powers to
reverse Parliament position unless through legal process, which has
not yet taken place.

Moreover, how did LUANAR come about? Can the present Council reverse
the decision that led to creation of LUANAR through a similar process?

I feel that for now the Minister of Education or the President should
not be misled by Council on issues that concern Parliament. What
should happen is for the Minister to Gazette the commencement date for
the delinked colleges to start operating as new Universities while
Chanco retains UNIMA. And i think the Minister of Education has no
choice now.

Regards,
Limbani.








On 1/25/21, kingsleykapito <kingsle...@gmail.com> wrote:
> For some reason, I have always of the opinion shared by Prof Kamchedzera. I
> don't remember the main stockholders of the university ever meaningfully
> consulted. I'm talking about its academics, the students and the alumni
> community. That's just one aspect of that whole endeavor. Others, see other
> issues, like the one the Prof detailed in his opinion series as seen on
> Facebook. Yes, growing universities out of these colleges may be of
> importance, but the idea was, in my opinion, implement in dishonest. Sent
> from my Sprint Samsung Galaxy Note9.
> -------- Original message --------From: Chatonda Mtika <cmt...@gmail.com>
> Date: 1/24/21 22:52 (GMT+02:00) To: HigherEdMalawi
> <highere...@googlegroups.com> Subject: Re: [HigherEdMalawi] CSEC
> STATEMENT ON UNIMA COUNCIL POSITION ON DELINKING esteemed educators,garton
> kamchedzera has written a very insightful piece on this topic. i'mcurious to
> see how many have read it and what their thoughts are. i don'thave any dog
> in this fight. i am malawian and did spend a couple of yearsteaching at the
> polytechnic where i witnessed the problems that are at the core of what
> started this process first hand. like any right minded person,i'm looking
> for the best way to resolve this.respectfully,- cOn Fri, Jan 22, 2021 at
> 12:34 PM Limbani Nsapato <lnsa...@gmail.com> wrote:Colleagues,
> Please find attached CSEC statement. As a bonus i have attached
> Delinking Report and UNIMA Reform Study report by MIM, as well as a
> footnote from Prof Dzimbiri in form of the email below.
> Regards,
> Limbani
>
> On 9/30/20, Prof Lewis Dzimbiri <proflewi...@gmail.com> wrote:
>> This debate is interesting. Some of us who have worked with UNIMA for 27
>> years have a lot of information for the justification of delinking, which
>> of course is not for today.
>>
>> That justification convinced the then Reform Commission to give support
>> to the then UNIMA Council, University and College Management to
>> facilitate
>> the process of delinking to this day. It will be retrogressive to begin
>> asking questions which were adequately addressed in those days, today
>> because Government is delaying in pronouncing the commencement date.
>> Rather than speculating on why there is a delay, it would be logical to
>> inquire into the correct reasons from the Ministry of Education.
>>
>> For purposes of widening access which is one of the benefits of the
>> delinking an example can be illustrative.is the way. When Bunda was
>> being
>> delinked from UNIMA in 2011, it had less than 2000 students and a few
>> programmes. 8 years later the number of students grew to 13,500 and the
>> number and level programmes has expanded tremendously.
>>
>> Of course there both merits and demerits in borth federal arrangement and
>> the delinking. These were adequately discussed and had convinced
>> officials
>> at various levels of Government machinery. That is why each new
>> university
>> has by May 3rd 2019, an Act ready to function as a legal framework for
>> the universities.
>>
>> I fully support Dr Nsapato school of thought and I thought that is the
>> proper reading of the stakeholders in the delinked and newly created
>> universities, who are waiting a Commencement date.
>>
>>
>> Lewis Dzimbiri
>>
>>
>>
>>
>>
>>
>> On Fri, 25 Sep 2020, 21:30 Limbani Nsapato, <lnsa...@gmail.com> wrote:
>>
>>>
>>> This is a clarion call for government to complete the delinking of Unima
>>> and create Mubas, Kuhes, and New Unima at Chanco. Creativity and
>>> innovation
>>> will happen upon commencement of these new universities . Parliament
>>> already approved the delinking bill in 2019; colleges have worked
>>> tirelessly to prepare for the delinking. The ministry of finance has
>>> rewarded the efforts so far by providing separate votes for the new
>>> universities in the 2020/20 budget. So why not appoint Councils of these
>>> universities and let higher education flow? Ministry of Education,
>>> please
>>> gazette the commencement date now.
>>>
>>> The newly appointed council of Unima will be operating in uncertainty on
>>> how to manage a Unima in transition!!
>>>
>>> Please!
>>>
>>>
>>>
>>>
>>>
>>> Limbani Nsapato
>>>
>>> --
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>>> .
>>>
>>
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>>
>
>
> --
> Limbani Eliya Nsapato, PHD (Business Admin)
> Area 49, New Gulliver, Lilongwe, Malawi.
> Mobile: +265 88 00 25 678
> Whatsapp: +260 9 775 11250
> Email: lnsa...@gmail.com
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>


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Delinking legal document.docx

chikondi maleta

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Jan 25, 2021, 2:57:44 AM1/25/21
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Komano if the acts were not commenced,  are they law?


From: bwalo-la-...@googlegroups.com <bwalo-la-...@googlegroups.com> on behalf of Limbani Nsapato <lnsa...@gmail.com>
Sent: Monday, January 25, 2021 9:35:34 AM
To: highere...@googlegroups.com <highere...@googlegroups.com>; bwalo-la-aphunzitsi <bwalo-la-...@googlegroups.com>
Cc: lnsa...@gmail.com <lnsa...@gmail.com>
Subject: [BwalolaAphunzitsi] COPY OF MODECAI LEGAL OPINION THAT MISLED UNIMA COUNCIL ON ISSUE OF DELINKING
 
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Pat Chi

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Jan 25, 2021, 3:32:49 AM1/25/21
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an Act is law when it has been assented to by the President and gazetted. The fact that it is waiting for commencement date does not reduce it to be a mere document. 



--
Patrick Mphatso CHINGUWO
saved by Christ Jesus to serve Him only

Box 962,ZOMBA
cell:(+265) 0888 345 369
alt.email:patrick...@yahoo.com
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Adamson S. Muula

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Jan 25, 2021, 4:36:04 AM1/25/21
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For those of you who may know, are all Acts supposed to have a commencement date? I know that this one had. Why? I also don't know. Please enlighten me.

adamson



--
Adamson S. Muula PhD, MPH, MBBS, CPH, PGDip (Public Health Ethics), PGDip (Global Health), PGD (Palliative Care)
Professor of Epidemiology and Public Health
University of Malawi, College of Medicine
School of Public Health and Family Medicine
Department of Public Health
Chimutu Building Room 850
Private Bag 360, Chichiri
Blantyre 3
Malawi
Skype address: adamson.sinjanimuula
 
 

Adamson S. Muula

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Jan 25, 2021, 5:41:48 AM1/25/21
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Limbani Nsapato

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Jan 25, 2021, 11:08:03 AM1/25/21
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Colleagues,
Please find attached Prof Danwood Chirwa's opinion. Lets read and
digest, at least we can look at issues from both angles.

By the way Bwana Chatonda, when an issue is brought into Parliament,
it ceases to be a party thing, it becomes a national thing. At the
time the Acts were brought into Parliament, DPP was losing some bills
and winning others including the one on Universities. AT that time the
Education Committee of Parliament was led by MCP and there was
consensus in the room.

Prof Kamchedzera's paper is good but it does not tell you whether we
should go the delinking route or not. It faults some elements of the
process, but fails to provide direction forward.


Regards,
Limbani


On 1/25/21, Chatonda Mtika <cmt...@gmail.com> wrote:
> dr k,
> this is the problem with politicizing issues. the delinking process (or
> whatever one wants to call it) started as a genuine effort to solve certain
> problems. at some point, politics took over. as garton points out, the task
> force became dpp apparatchiks and bulldozed their way towards some
> resolution. i recall a vicious debate on this forum back in 2017 - it's in
> the archives - between a member of the task force and a professor from one
> of the colleges which totally surprised/stunned me because i lacked
> context. but government has changed hands and, naturally, those
> who thought they had the wrong end of the stick are, not surprisingly,
> looking for legal avenues to reverse things. we saw this when donald trump
> became president. he 'legally' reversed a bunch of obama era policies and
> joe biden is doing the same to trump era policies. and this may be exactly
> what is happening in malawi on this issue.
>
> there's never going to be a unanimous acceptance of any change or policy
> suggestion. however, the way we go about things goes a long way towards
> winning over the other side and creating good will. 'dissing' the other
> side and name calling, which seems to have permeated our discourse does the
> exact opposite. that is why i applaud garton's measured reflections. i
> don't think anybody comes away mad at him after reading his piece.
> - c
>
> On Mon, Jan 25, 2021 at 9:26 AM Dr K <kao...@gmail.com> wrote:
>
>> are we certain that a) the council has no power to say what it said; b)
>> that it said what it saod for personal interests; c) whose interests are
>> these exactly?
>>
>> it seems to me that (at least on this list) there are two sides or maybe
>> three. those who have a stake in seeing the unbundling/delinking; those
>> who
>> are against it; those who were on one side of the fence willingly or
>> unwillingly but have now willingly or unwillingly switched where they
>> stand; and; possibly, those who are still kumastandi.
>>
>> we ought to be listening to each other. i dunno that any of those of us
>> who belong to this list are involved in the decision making process ...
>> we
>> may have a stake in which way the decision goeth but that's a wee bit
>> different.
>>
>> if council has no business making the kinds of noises they just made,
>> then
>> are our lawyers confusing us with lawspeak? one lawyer said council
>> shouldn't have said what they said; another says almost the opposite.
>> sono
>> banthu wamba ife (plebians), what do we do?
>>
>> On Mon, Jan 25, 2021, 8:12 AM Augustine Musopole <acmus...@gmail.com>
>> wrote:
>>
>>> If the matter was legislated and the law assented to the Council is
>>> bringing confusion and it should be disbanded and a new Council
>>> appointed
>>> that will implement the new acts. The Council has no power to reverse
>>> the
>>> process for personal interests. The Minister ofEducation should
>>> intervene
>>> and bring sanity to the process.
>>>
>>> On Mon, Jan 25, 2021 at 3:00 PM Foster Gondwe <fgo...@cc.ac.mw> wrote:
>>>
>>>> The legal opinion document: "Thorough scrutiny and analysis of the
>>>> relevant provisions of the University of Malawi Act shows
>>>> that..."
>>>>
>>>> Me: who analyzed/scrutinized, under whose instruction, and what
>>>> motivated
>>>> the instruction?
>>>>
>>>>
>>>>
>>>>
>>>> Foster Gondwe
>>>> Lecturer University of Malawi-School of Education, Education
>>>> Foundations Department
>>>> p: +818016352919 m: +265881195355 a: Post Office Box 280, Zomba,
>>>> Malawi.
>>>>
>>>> e: foster...@gmail.com or fgo...@cc.ac.mw s: foster.gondwe
>>>>
>>>> *Research Field*:* Educational Development *(Instructional Technology;
>>>> Faculty Development; Teacher Education)
>>>> *ORCID: *https://orcid.org/0000-0001-5716-3538
>>>>
>>>> “Technology is just a tool. In terms of getting the kids working
>>>> together
>>>> and motivating them, the teacher is most important.” – Bill Gates
>>>> <http://www.thegatesnotes.com/>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Mon, 25 Jan 2021 at 18:36, Adamson S. Muula <amu...@medcol.mw>
>>>> wrote:
>>>>
>>>>> For those of you who may know, are all Acts supposed to have a
>>>>> commencement date? I know that this one had. Why? I also don't know.
>>>>> Please
>>>>> enlighten me.
>>>>>
>>>>> adamson
>>>>>
>>>>> On Mon, 25 Jan 2021 at 10:32, Pat Chi <pmchi...@gmail.com> wrote:
>>>>>
>>>>>> an Act is law when it has been assented to by the President and
>>>>>> gazetted. The fact that it is waiting for commencement date does not
>>>>>> reduce
>>>>>> it to be a mere document.
>>>>>>
>>>>>> On Mon, 25 Jan 2021 at 09:57, chikondi maleta
>>>>>> <chikm...@hotmail.com>
>>>>>> wrote:
>>>>>>
>>>>>>> Komano if the acts were not commenced, are they law?
>>>>>>>
>>>>>>> Get Outlook for Android <https://aka.ms/ghei36>
>>>>>>>
>>>>>>> ------------------------------
>>>>>>> *From:* bwalo-la-...@googlegroups.com <
>>>>>>> bwalo-la-...@googlegroups.com> on behalf of Limbani Nsapato <
>>>>>>> lnsa...@gmail.com>
>>>>>>> *Sent:* Monday, January 25, 2021 9:35:34 AM
>>>>>>> *To:* highere...@googlegroups.com <
>>>>>>> highere...@googlegroups.com>; bwalo-la-aphunzitsi <
>>>>>>> bwalo-la-...@googlegroups.com>
>>>>>>> *Cc:* lnsa...@gmail.com <lnsa...@gmail.com>
>>>>>>> *Subject:* [BwalolaAphunzitsi] COPY OF MODECAI LEGAL OPINION THAT
>>>>>>> https://groups.google.com/d/msgid/higheredmalawi/CACrj42n0B1%3D0V4MiczefDNqOLRspLX%2BChne5xYBti3REififHA%40mail.gmail.com
>>>>>>> .
>>>>>>> >
>>>>>>> > --
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>>>>>>> > "HigherEdMalawi" group.
>>>>>>> > To unsubscribe from this group and stop receiving emails from it,
>>>>>>> send an
>>>>>>> > email to higheredmalaw...@googlegroups.com.
>>>>>>> > To view this discussion on the web visit
>>>>>>> >
>>>>>>> https://groups.google.com/d/msgid/higheredmalawi/600e01d7.1c69fb81.1a7b9.58d5%40mx.google.com
>>>>>>> .
>>>>>>> >
>>>>>>>
>>>>>>>
>>>>>>> --
>>>>>>> Limbani Eliya Nsapato,
>>>>>>> Area 49, New Gulliver, Lilongwe, Malawi.
>>>>>>> Mobile: +265 88 00 25 678
>>>>>>> Whatsapp: +260 9 775 11250
>>>>>>> Email: lnsa...@gmail.com
>>>>>>> Skype: limbani.nsapato
>>>>>>>
>>>>>>> --
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>>>>>>> .
>>>>>>>
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>>>>>>> <https://groups.google.com/d/msgid/bwalo-la-aphunzitsi/VE1PR10MB3039D9E6EEF111DA590037ECD6BD0%40VE1PR10MB3039.EURPRD10.PROD.OUTLOOK.COM?utm_medium=email&utm_source=footer>
>>>>>>> .
>>>>>>>
>>>>>>
>>>>>>
>>>>>> --
>>>>>> Patrick Mphatso CHINGUWO
>>>>>> saved by Christ Jesus to serve Him only
>>>>>>
>>>>>> Box 962,ZOMBA
>>>>>> cell:(+265) 0888 345 369
>>>>>> alt.email:patrick...@yahoo.com
>>>>>> blog:http://chinguwo.blogspot.com/
>>>>>>
>>>>>> --
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>>>>>> To unsubscribe from this group and stop receiving emails from it,
>>>>>> send
>>>>>> an email to bwalo-la-aphunz...@googlegroups.com.
>>>>>> To view this discussion on the web visit
>>>>>> https://groups.google.com/d/msgid/bwalo-la-aphunzitsi/CAEsRLGEZr4RTuYC9RFL4vMvU6H3nSO4COLixMaQyafyDqtr8jw%40mail.gmail.com
>>>>>> <https://groups.google.com/d/msgid/bwalo-la-aphunzitsi/CAEsRLGEZr4RTuYC9RFL4vMvU6H3nSO4COLixMaQyafyDqtr8jw%40mail.gmail.com?utm_medium=email&utm_source=footer>
>>>>>> .
>>>>>>
>>>>>
>>>>>
>>>>> --
>>>>> Adamson S. Muula PhD, MPH, MBBS, CPH, PGDip (Public Health Ethics),
>>>>> PGDip (Global Health), PGD (Palliative Care)
>>>>> Professor of Epidemiology and Public Health
>>>>> University of Malawi, College of Medicine
>>>>> School of Public Health and Family Medicine
>>>>> Department of Public Health
>>>>> Chimutu Building Room 850
>>>>> Private Bag 360, Chichiri
>>>>> Blantyre 3
>>>>> Malawi
>>>>> Email: amu...@medcol.mw
>>>>> Cell: +265 884233486
>>>>> Skype address: adamson.sinjanimuula
>>>>> Publications list: https://www.ncbi.nlm.nih.gov/pubmed/?term=Muula
>>>>> *orcid.org/0000-0003-4412-9773 <http://orcid.org/0000-0003-4412-9773>*
>>>>> Webpage: http://biostat.maths.cc.ac.mw/people/staff/Adamson_S._Muula
>>>>>
>>>>>
>>>>>
>>>>> --
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>>>>> To unsubscribe from this group and stop receiving emails from it, send
>>>>> an email to higheredmalaw...@googlegroups.com.
>>>>> To view this discussion on the web visit
>>>>> https://groups.google.com/d/msgid/higheredmalawi/CABx87Nv76vGNS-zBrkndkj9OXuk%2Be1mir692p-TMcdUwnDHUpA%40mail.gmail.com
>>>>> <https://groups.google.com/d/msgid/higheredmalawi/CABx87Nv76vGNS-zBrkndkj9OXuk%2Be1mir692p-TMcdUwnDHUpA%40mail.gmail.com?utm_medium=email&utm_source=footer>
>>>>> .
>>>>>
>>>>
>>>> University of Malawi, Chancellor College, P.O Box 280, Zomba, Malawi |
>>>> Tel: 00 265 1 524 222 | Email: regi...@cc.ac.mw | Website:
>>>> www.cc.ac.mw
>>>>
>>>> --
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>>>> <https://groups.google.com/d/msgid/higheredmalawi/CAJ%3DxYf%2B5RdVeWWmueZ_O-3wQ%3DU%3DE83Tx3vBMMmNR5%3DANZPPxbA%40mail.gmail.com?utm_medium=email&utm_source=footer>
>>>> .
>>>>
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Chirwa Opinion on UNIMA Council 2021.pdf

Adamson S. Muula

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Jan 25, 2021, 11:51:50 PM1/25/21
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BTW,Last time I checked, the UNIMA Council doesn't have the alumni representative. Why? We have not been organized. There is no annual/biannual or any meaningful alumni meeting to identify leadership. In the past, the party in govt/aka governent has been the one appointing the representative to the Council on behalf of the alumni, with its obvious consequences.



--
Adamson S. Muula PhD, MPH, MBBS, CPH, PGDip (Public Health Ethics), PGDip (Global Health), PGD (Palliative Care)
Professor of Epidemiology and Public Health
University of Malawi, College of Medicine
School of Public Health and Family Medicine
Department of Public Health
Chimutu Building Room 850
Private Bag 360, Chichiri
Blantyre 3
Malawi
Skype address: adamson.sinjanimuula

Limbani Nsapato

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Jan 26, 2021, 12:41:43 AM1/26/21
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Prof Muula,
You are right there is currently no representative in Alumni in Council. There is interim leadership which is currently in the process of registering the association, which is not within control of the association. After the registration certificate is granted the alumni will be represented in Council, and will organise more activities including holding regular AGMs. I was appointed in 2017 as co-opted member of Council and fortunately, around the same time I was also elected interim president of the alumni association. This made it possible for me to facilitate some inputs of the alumni into the delinking process including a meeting organised in February 2020 where alumni members present came up with suggestions on how alumni would support the delinking process.

Regards,

Limbani Nsapato

On 26 Jan 2021, at 06:51, Adamson S. Muula <amu...@medcol.mw> wrote:



wanangwa. chikazinga

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Jan 26, 2021, 4:31:28 AM1/26/21
to HigherEdMalawi, bwalo-la-...@googlegroups.com, bwalo-la-aphunzitsi, Limbani Nsapato
Anyone who can share the MIM report please. wc1...@bristol.ac.uk 

From: bwalo-la-...@googlegroups.com <bwalo-la-...@googlegroups.com> on behalf of Adamson S. Muula <amu...@medcol.mw>
Sent: Monday, January 25, 2021 10:41:33 AM
To: HigherEdMalawi <highere...@googlegroups.com>
Cc: bwalo-la-aphunzitsi <bwalo-la-...@googlegroups.com>; Limbani Nsapato <lnsa...@gmail.com>
Subject: [BwalolaAphunzitsi] Re: [HigherEdMalawi] COPY OF MODECAI LEGAL OPINION THAT MISLED UNIMA COUNCIL ON ISSUE OF DELINKING
 
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Steve Sharra

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Jan 26, 2021, 5:46:42 AM1/26/21
to HigherEdMalawi, bwalo-la-...@googlegroups.com
Ah so it was already shared! Thanks so much Dr Nsapato.

Steve

On Tue, Jan 26, 2021, 12:02 PM Limbani Nsapato <lnsa...@gmail.com> wrote:
Please find attached the documents shared recently including MIM report
On 1/26/21, Steve Sharra <steve...@gmail.com> wrote:

> On Tue, Jan 26, 2021 at 11:31 AM 'wanangwa. chikazinga' via Bwalo la
> Aphunzitsi <bwalo-la-...@googlegroups.com> wrote:
>
>> Anyone who can share the MIM report please. wc1...@bristol.ac.uk
>>
>
> Thanks for asking for this much-talked about report. Would be great if it
> were shared on the forum. I've been looking for it as well; and I assume
> there are others interested in it also.
>
> Steve
>
> --
> Blog: http://mlauzi.blogspot.com/
> Twitter: @stevesharra
> LinkedIn: http://www.linkedin.com/in/stevesharra

>
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>


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Limbani Eliya Nsapato,
Area 49, New Gulliver, Lilongwe, Malawi.
Mobile: +265 88 00 25 678
Whatsapp: +260 9 775 11250
Email: lnsa...@gmail.com
Skype: limbani.nsapato

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