Court dismisses NCHE application

The High Court of Malawi has dismissed an application by the National Council for Higher Education (NCHE) to vacate an interlocutory injunction granted to students union of Blantyre International University (BIU).

BIU Students Union president Ousman Kennedy, acting on his own behalf and as leader of the union, sought a court order last December, restraining both NCHE and BIU from interfering with the university’s programmes until the courts make a determination.

NCHE then applied to the court against sustaining the injunction, arguing that there was no serious issue to go for trial because the case was premised on allegations that it was the council that withdrew BIU accreditation as an institution of higher learning.

However, in his ruling, Judge Kenyatta Nyirenda said he did not think the case could be resolved at an interlocutory stage before factual landscape of the case unfolds during hearing of the substantive case.

Said the judge: “In the circumstances, justice demands that the interlocutory injunction must remain intact until the main action is determined one way or the other.”

The judge has set May 17 2017 as the date for the hearing of the substantive matter.
Kennedy said in an interview that students at the university had been negatively affected since the decision by NCHE not to accredit BIU was made on November 17 2016
NCHE did not accredit BIU and suspended some of its programmes last year for its failure to meet standards.