The High Court of Malawi has thrown out an application by Blantyre International University (BIU) to block the National Council for Higher Education (Nche) from stopping the university from offering unregistered programmes.

In his ruling delivered in the chamber and dated May 12 2023, High Court Judge Mike Tembo agreed with Nche that allowing BIU to offer unregistered academic programmes would defeat the purpose of the Nche Act.

Section 34 (1) of the Nche Act prohibits  any person or institution offering academic programmes Nche’s authorisation.

The judge further observed that education standards need to be maintained for the good of the country and for posterity.

BIU campus in Blantyre

Tembo said: “The defendant [Nche] was within its powers to stop the illegal acts of the claimant [BIU]…

“In the foregoing circumstances, this court finds that the present case is not fit for consideration at a full hearing. Contrary to the claimant’s submission, there are no serious issues fit for further investigation at a full judicial review hearing. The application for permission to apply for judicial review is accordingly declined.”

BIU filed an application for judicial review following Nche’s letter dated January 12 2023 stopping the institution from offering  unregistered programmes.

Through private practice lawyer Bob Chimkango, BIU wanted the court to declare Nche’s decision as unlawful on the basis that registration of the same is not a requirement under the Nche Act.

The university also asked the court to declare that Nche acted irrationally and in bad faith in stopping BIU from offering unregistered programmes.

But in its submissions, Nche argued that allowing higher learning institutions to offer any unregistered academic programmes defeats the purpose of the Nche Act and that such an interpretation would give an absurd result not intended by Parliament.

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