The High Court in Blantyre has today nullified the decision of the National Council for Higher Education to withdraw the accreditation of Blantyre International University (BIU) on the grounds that the council was not duly constituted and lacked legal mandate to transact business.
According to the court, names of the members of the council at the time of acting on BIU had not been published in the Gazette.
Passing his ruling, Justice Jack N’riva observed that the requirement to publish names of members of the council was mandatory such that the fact that the names had not yet been Gazette means the appointments were incomplete and as such the members lacked authority to transact any binding business on behalf of the council, rendering their acts void at the beginning and without any legal effect.
This means that Blantyre International University’s accreditation still stands and the same can be said about the accreditation of all other universities and colleges, whose accreditation were withdrawn by the council.
Blantyre International University students, led by their Students Union President, Ousman Kennedy were represented by lawyer Bob Chimkango, of Robert Lexis Global Consultants while the National Council for Higher Education was represented by Gilbert Khonyongwa of G. Nankhuni and Partners.
Does this ruling mean that when NCHE is duly constituted any time from today it can withdraw accreditation of these colleges again?
My fear is that all what is happening here is a waste of time. The only thing that can help us as learners from the colleges whose accreditation has been withdrawn is that the colleges should rectify the problems which the council identified for correction.
Thanks