Just over a year after Malawi’s National Council for Higher Education (NCHE) announced a crackdown on illegal institutions, a first court conviction of an executive of an unregistered university is sending a message that the authorities are serious about quality and academic standards.
However, civil society organisations want to see more arrests and want employers who recognise qualifications from these institutions to also face some consequences.
In the first legal fruit of a government crackdown on such institutions launched in 2022, Tuweh Gusto Gadama (55), on 17 January 2024, was ordered by Principal Resident Magistrate Rodrick Michongwe, sitting in the capital Lilongwe, to pay MK1.7 million (about US$1,000) for operating higher education institutions illegally.
He was fined an additional MK1.7 million for conferring illegal qualifications on his students. If he fails to pay, he will be jailed for four years, with two years for each count.
Furthermore, the magistrate ordered that the universities’ qualifications should be deemed worthless.
The magistrate found that Gadama was acting as the vice-chancellor of the Cypress International Institute University and Jerusalem University online and at a campus in the northern city of Mzuzu without the authority of Malawi’s NCHE. This breached Section 34(a) of Malawi’s NCHE Act.
Conviction a ‘deterrent’
Magistrate Rodrick Michongwe said Gadama’s conduct undermined higher education in the country by deceiving individuals into believing they had acquired legitimate qualifications when, in reality, they have none.
“It was just a mockery. Those people paid money. They lost money because they paid for nothing. The accused knew that. The accused raised false expectations for the people. People thought they had diplomas, degrees, PhDs,” said Michongwe.
After his sentencing, Gadama refused to comment on whether he would try to register the two universities and how he would help fee-paying graduates whose certificates, degrees and qualifications have now been declared invalid, as directed by the NCHE.
NCHE CEO Dr Ambumulire Phiri said: “We are satisfied with the ruling, as it sets a precedent and will deter others from operating such illegal higher education institutions.
“Enforcing regulations and prosecuting those who operate without proper authority is essential in maintaining the integrity of higher education, safeguarding students’ interests, and ensuring they receive recognised and valued education and qualifications locally and internationally.”
Long list of alleged illegal operators
The conviction comes over a year after NCHE announced a crackdown on all illegal universities and colleges offering higher education in Malawi.
These included Jerusalem University and Cypress, as well as the following alleged illegal operators: Accountancy Tuition College; Azteca University; the Bandawe Research Consultancy; International Institute University and the Hands on Africa Theological College.
Others listed included the Malawi University of Veterinary Sciences; Sola Scriptura Bible College; Techno-Brain Institute; the Central African Preaching Academy; the Domasi Management College; the Domasi Institute of Management and Technology; the United Christian University; Shire University; METI University; the Central Christian University; the Christian Leadership University; the TERe School of Public Health and the Ticia Counselling Centre.
The NCHE then had said all certificates from these institutions were invalid and ordered the universities’ owners to apply for operational licences should any of the blacklisted institutions want to resume operations.
If they did not, the NCHE said it would “commence legal proceedings” against the listed bodies and “individuals facilitating the operation of these institutions”.
Malawi Attorney General Thabo Chakaka-Nyirenda also formally directed Masauko Chamkakala, the Malawi director of public prosecutions, and the Malawi Police Service to institute proceedings against the unlicensed private universities.
‘Honorary doctorates to World Emperors’
In 2022, NCHE investigators witnessed Gadama awarding certificates to graduates at the Bingu International Convention Centre, in Lilongwe and reported this evidence to the police. He was subsequently arrested, pleaded guilty as charged, convicted and sentenced.
Gadama had been charged with offences related to offering or pretending to offer higher education programmes without the authority of the regulator (section 34(a) of the NCHE Act) and for conferring a qualification granted by a higher education institution or in collaboration with a higher education institution without authority (section 34(b)).
A website for the Cypress International Institute University claimed this Malawi institution is a satellite of “Cypress International Bible Institute University, a Registered and Accredited University in USA [sic] and so, too, in Malawi …”
It added that Gadama was the two universities’ vice-chancellor as well as dean, with a note signed as ‘Professor Tuweh Prince G Gadama THE GREAT – 2nd Vice-Chancellor Worldwide’.
The website also claimed that the university has “conferred Honorary Doctoral Degrees [on] World Emperors, International Kings, Heads of States, International Lawyers, International Scientists, International Politicians, International Great Men of God such as Archbishops from different Religions on Earth”.
During the hearing, however, Gadama failed to provide proof of his academic qualifications.
Robust compliance mechanisms needed
The NCHE did not respond to questions from University World News about its progress made on prosecuting the leaders of other unregistered colleges and universities still operating in the country.
The CEO of Malawi education NGO the Civil Society Education Coalition also welcomed the conviction of Gadama.
Speaking to University World News, CEO Benedicto Kondowe said: “The recent court decision upholding the importance of ethics in academia is a commendable milestone in ensuring the integrity of educational qualifications. By affirming the need for accredited degrees, the court has sent a strong message about the significance of upholding academic standards.”
Kondowe said the ruling “serves as a safeguard against individuals falsely claiming qualifications from unaccredited institutions, thereby protecting the credibility of educational institutions and the broader academic community”.
However, he said more work is needed to battle such illegal higher education institutions, saying this must go beyond the conviction of one person. Kondowe suggested employers should also be targeted when they recognise certificates from illegal institutions of higher learning.
Kondowe explained: “To reinforce this commitment to ethical academic practices, it is imperative to actively identify and rectify instances where individuals may have secured employment based on qualifications from such universities.
“Rigorous background checks and verification processes should be implemented to fish out such cases, ensuring that individuals holding illegitimate credentials are appropriately addressed.”
To firm up its higher education system, the Malawi parliament should pass a National Qualification Authority Bill to pave way for the establishment of a National Qualifications Authority, argued Kondowe.
“It is crucial to establish robust compliance mechanisms for the National Council for Higher Education to effectively oversee and regulate educational standards, thereby fortifying the foundation of our academic systems,” he added.
He was referring to a promise made by the government in 2020 to introduce such legislation, admitting that Malawi lacked a “national qualifications framework that covers all types of qualifications comprehensively and [covers] technical and vocational qualifications and higher education academic qualifications”.
But no such draft legislation has since been presented to Malawi’s National Assembly.
The Minister of Education, Madalitso Wirima Kambauwa, did not respond to University World News queries about the progress regarding a National Qualifications Authority Bill and on the government’s plans to ensure that more illegal colleges and universities face the law. The NCHE, also, did not respond to queries about future enforcement action against illegal universities and colleges in Malawi.
A senior Malawi academic, who did not want to be named, said the successful prosecution was a step in the right direction, but “allowing the universities who are not registered undermines the efforts of those that abide by the law”.
“The NCHE should be applauded for this effort. But we need more action, because still many of them are out there illegally operating,” he added.
