National Council for Higher Education Act
- Commenced on 23 April 2012
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Council for Higher Education Act.
2. InterpretationIn this Act, unless the context otherwise requires—“academic cycle” means a period within which to complete a programme of study;“accreditation” means the process of recognizing higher education institution’s programmes in accordance with section 27;“accreditation certificate” means a certificate issued under section 27;“Chairperson” means the Chairperson of the Council and includes any person acting in that capacity;“Charter” means a document granted by the Minister under section 20 describing the basis for establishment and legitimizing the existence of a private higher education institution;“Chief Executive Officer” means the Chief Executive Officer of the Council appointed pursuant to section 17;“Council” means the National Council for Higher Education established under section 3;“foreign higher education institution” means a higher education institution registered outside Malawi;“higher education” means all learning programmers leading to qualifications registered under the National Qualifications Framework but may not include vocational training by a vocational training centre under the Technical, Entrepreneurial and Vocational Education Act;[Cap. 55:06]“higher education institution” means any institution that provides higher education and which is—(a)established as a public higher education institution;(b)registered as a private higher education institution under this Act; or(c)an affiliate of a higher education institution;“institutional quality assurance standards” means the standards referred to in section 27;“member” means a member of the Council appointed as such under section 4;"National Qualifications Framework” means a structured description which classifies and registers qualifications according to a set of national standards for levels of learning, obtained at different levels compatible with regional and international structures and standards;“private higher education institution” means any institution registered or conditionally registered as a private higher education institution in terms of Part V;“provisional registration certificate” means a certificate issued pursuant to section 20;“public higher education institution” means any institution that provides higher education and which is established by the Government or under any law and is wholly or partially funded by the Government; and“register” means a register kept and maintained in terms of section 20.
Part II – The National Council for Higher Education
3. Establishment of the CouncilThere is hereby established a body to be known as the National Council for Higher Education (in this Act otherwise referred to as the “Council”) which shall be—
4. Composition of the Council
5. Tenure of office
6. Vacation of office of members
7. Filling of vacancies on the Council
8. Co-opted personsThe Council may, at any time and for any period, invite any person and the Minister may, in like manner nominate any officer in the public service, to attend any meeting of the Council and take part in the deliberations of the Council, but such person or officer shall not be entitled to vote at any meeting.
9. Chairperson and Vice-Chairperson
10. RemunerationA member of the Council shall be paid such honorarium for membership and such allowances as the Council shall reasonably determine, subject to approval by the Minister.
11. Disclosure of interestIf a member of the Council acquires any pecuniary interest, directly or indirectly, in any matter and is present at a meeting of the Council at which that matter is the subject of consideration by the Council, he shall, as soon as practicable, after the commencement of the meeting, disclose the fact to the Council, and shall not take part in the consideration or discussion of, or vote on any question with respect to the determination of the matter.
12. Meetings of the Council
13. Committees of the Council
14. Non-liability of members of the Council or of committeesNo member of the Council or of any committee of the Council shall be liable for any act or default of his or of the Council, done in the exercise in good faith of the functions or powers of the Council.
Part III – Functions and powers of the Council
15. Functions of the CouncilThe functions of the Council shall be—
16. Powers of the CouncilFor the better performance of its functions, the Council shall, subject to the provisions of this Act, have the power—
Part IV – Management of the Council
17. Appointment of Chief Executive Officer and other members of staff
18. Duties of the Chief Executive OfficerSubject to the general or special directions of the Council, the Chief Executive Officer shall be responsible for the day to day management of the Council and administrative control of other members of staff of the Council and, in that regard shall be answerable and accountable to the Council.
Part V – Registration of private higher education institutions
19. Registration of private higher education institutions
20. Provisional and final registration of private higher education institutions
21. Contents of Charter of private higher education institutionsEvery Charter of a private higher education institution shall contain the following—
22. Application for amendment of the Charter
23. Revocation of a Charter
Part VI – Public higher education institutions
24. Establishment of higher education institutionsThe Council may advise the Minister either on his request or its own initiative, on the establishment of a public higher education institution.
25. Declaration of a public higher education institutionThe Minister may, with the advice of the Council and by notice in the Gazette, declare as a public higher education institution any—
26. Closure, merger and splitting of public higher education institutions
Part VII – Standards and accreditation
27. Institutional quality assurance standards and evaluation of higher education institutions
28. Basis of accreditation
29. Effect of accreditationThe qualifications awarded in respect of programmes of instruction by an accredited higher education institution shall be recognized as comparable and of equivalent merit to similar qualifications awarded in respect of programmes offered by other accredited higher education institutions in Malawi and internationally.
30. Annual reports by higher education institutions
Part VIII – Financial provisions
31. Funds, accounts and audit
32. Investment of surplus sums of moneyThe Council may invest any sums of money which are not immediately required for its objectives in such manner as the Council may consider fit.
33. Financial year of the CouncilThe financial year of the Council shall be the period commencing on the date of commencement of this Act and ending on 30th June of the following year and thereafter, it shall be a period of twelve months ending on 30th June every year.
Part IX – Miscellaneous provisions
36. Transitional provisions
History of this document
23 April 2012