LILONGWE-(MaraviPost)-The High Court of Malawi has dismissed a case in which Blantyre International University (BIU) was seeking MK12 billion in damages from the National Council for Higher Education (NCHE) over alleged loss of business following its disaccreditation in 2016.
Justice Kenyatta Nyirenda ruled in favor of NCHE, stating that the council acted within its mandate when it refused to accredit BIU and its programs after they failed an accreditation exercise in May 2016.
The judge observed that BIU’s earlier accreditation was subject to a five-year review, and the university failed to apply for accreditation afresh under section 36 of the NCHE Act.
BIU commenced the lawsuit in 2022, claiming that NCHE’s decision led to mass student withdrawals and consequent financial losses.
The university accused NCHE of negligence, alleging that it failed to comply with a 2017 High Court decision in a case brought by BIU students challenging the disaccreditation of their programs.
However, Justice Nyirenda ruled that BIU’s claim had no legal basis.
Former NCHE in-house lawyer Counsel Seyda Kananji said the ruling effectively ends BIU’s attempt to recover billions from NCHE.
NCHE Chief Executive Officer Ambumulire Phiri welcomed the ruling, saying it reinforces the council’s mandate to safeguard quality higher education in Malawi.
The court’s decision is a significant victory for NCHE, affirming its authority to regulate higher education institutions in Malawi.
The ruling also highlights the importance of compliance with accreditation requirements to ensure quality education standards.
This case has been closely watched by the education sector, and the court’s decision is likely to have implications for other institutions facing similar accreditation issues.
With this ruling, NCHE’s role in maintaining quality higher education in Malawi has been reaffirmed.
