Times Of Swaziland: GOVT MUST PAY – 166 OWING SANU GRADUATES

GOVT MUST PAY – 166 OWING SANU GRADUATES
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BY KWANELE DLAMINI on 13/02/2020 08:53:00


MBABANE – At least 166 SANU graduates want the High Court to order government
to pay the institution E11 379 for each of them, which they allegedly owed
before completing their studies.
The former students informed the court that when they graduated on October 30,
2019, instead of being given their academic certificates, they allegedly
received statements showing how much they owed the institution.
According to the students, the Southern Africa Nazarene University (SANU)
allegedly increased tuition fees without consulting their sponsor, government,
and withheld their certificates when they graduated because they owed the
institution.
Fees
They submitted that the outstanding fees were in respect of the increment that
was effected by SANU on their tuition. The veracity of these allegations is
still to be tested in court. SANU is yet to file responding papers. The former
students are represented by Leo Ndvuna Dlamini.
They also want the vice chancellor of SANU to be imprisoned for 30 days for
failing to comply with a court order that was issued in 2018, which declared the
unilateral increment of tuition fees by the institution invalid and
unenforceable since the students were sponsored by government.
The affected students are 25 in Bachelor of Science in Nursing and Midwifery, 21
in Bsc Medical Laboratory Science, 21 in Pharmacy and 100 others.
Results
One of the former students, Zamokuhle Mamba informed the court that when the
students were issued their final year results, they were allegedly given a
‘Congratulations on your achievement’ letter and a statement of the
outstanding tuition fees instead of their certificates. He said they were
informed that they owed E11 379 each.
He stated that they signed similar scholarship agreement forms that the Ministry
of Labour and Social Security shall pay their tuition fees to SANU. Mamba
alleged that they were told that they would be given their certificates upon
paying the outstanding fees, which is E11 379 per student.
The former students argued that the payment of the said outstanding fees would
not be in line with the scholarship agreement that was entered into by the
students and government.
“The first and second respondents (vice chancellor and registrar of SANU)
increased the fees chargeable against the dictates of the main sponsor being the
third respondent (Labour PS) in terms of the Public Enterprises (Control and
Monitoring) Act 1989,” said Mamba. Mamba emphasised that they were fully
sponsored by government and that their fees were paid directly to SANU in terms
of the Standing Committee on Public Enterprises (SCOPE).
“I verily believe that I have a clear right and we are entitled to be awarded
the certificates and I am entitled to get the BSNM year 4 2018/19 because I have
passed the final year course and I am sponsored by the thirst respondent.
Approval
“I verily believe that the third respondent has fully paid all applicants’
fees. I verily believe that the applicants are owing the respective sums herein
because the first respondent has illegally increased the fees without the
approval of the sponsor being the third respondent.”
The former students also argued that government fully paid SANU in terms of the
approved sums between the vice chancellor and principal secretary in the
Ministry of Labour and Social Security.
Mamba submitted that SANU allegedly increased the fees illegally and government
should be held liable to pay the increased amount, which he said was raised
without the approval of the main sponsor.
“The conduct of the respondent is in contravention of the law as provided for
in the Public Enterprise (Control and Monitoring) Act 1989.”
Prison
The former students also want the vice chancellor and the registrar of SANU to
show cause why they should not be sent to prison for contempt of court.
They further prayed for an order directing SANU to issue their academic
certificates and to review and set aside the statements of their outstanding
fees.
Mamba said the matter was urgent because the former students were denied their
right of access to education by the vice chancellor who allegedly refused to
issue their academic certificates.
In 2018, the government took SANU to the High Court seeking an order that the
unauthorised increment of tuition fees at the time be declared invalid and
unenforceable against Temalangeni Dlamini who was a student.
Principal Secretary in the Ministry of Labour and Social Security Thulani
Mkhaliphi submitted in government’s affidavit that SANU increased the tuition
fees in excess of the stipulated limit without the required approval in terms of
the Public Enterprises (Control and Monitoring) Act.
“Therefore such action is contrary to the applicable legislations and cannot
be imposed against the government or the students sponsored by government,” he
said.
He said Section 5 of the Higher Education Act 2013 provides for powers and
functions of the Higher Education Council. The section regulates review and or
advice by the council which shall not exceed the limit set in terms of the
Public Enterprises (Control and Monitoring) Act.
Comply
The PS submitted that as a Category A public enterprise, SANU, being a tertiary
institution, was susceptible to comply with the applicable regulatory
frameworks.
Mkhaliphi told the court that SANU was precluded from making adjustments in
excess of fees or charges without written approval of the SCOPE.
The court ordered that the unauthorised increment was invalid. The former
students argued that SANU had defied this order. The matter is pending in court.