NATIONAL COUNCIL FOR HIGHER EDUCATION

CHAPTER 30:12
NATIONAL COUNCIL FOR HIGHER EDUCATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE NATIONAL COUNCIL FOR HIGHER EDUCATION

    3.    Establishment of the Council

    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 persons

    9.    Chairperson and Vice-Chairperson

    10.    Remuneration

    11.    Disclosure of interest

    12.    Meetings of the Council

    13.    Committees of the Council

    14.    Non-liability of members of the Council or of committees

PART III
FUNCTIONS AND POWERS OF THE COUNCIL

    15.    Functions of the Council

    16.    Powers of the Council

PART IV
MANAGEMENT OF THE COUNCIL

    17.    Appointment of Chief Executive Officer and other members of staff

    18.    Duties of the Chief Executive Officer

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 institutions

    22.    Application for amendment of the Charter

    23.    Revocation of a Charter

PART VI
PUBLIC HIGHER EDUCATION INSTITUTIONS

    24.    Establishment of higher education institutions

    25.    Declaration of a public higher education institution

    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 accreditation

    30.    Annual reports by higher education institutions

PART VIII
FINANCIAL PROVISIONS

    31.    Funds, accounts and audit

    32.    Investment of surplus sums of money

    33.    Financial year of the Council

PART IX
MISCELLANEOUS PROVISIONS

    34.    Offences

    35.    Regulations

    36.    Transitional provisions

    

15 of 2011
G.N. 23/2012

    An Act to regulate higher education; to provide for the establishment, functions and powers of the National Council for Higher Education; and to provide for matters incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the National Council for Higher Education Act.

2.    Interpretation

    In 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;

    “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 Council

    There 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—

    (a)    a body corporate with perpetual succession and a common seal;

    (b)    capable of suing and being sued in its corporate name;

    (c)    capable of holding, purchasing or otherwise acquiring and disposing…