High Court Upholds ZIMCHE’s Refusal To Renew UNICAF Licence

The High Court has dismissed UNICAF University’s application seeking to overturn the Zimbabwe Council for Higher Education (ZIMCHE)’s refusal to renew its provisional registration licence.

Justice Christopher Dube-Banda ruled last week that ZIMCHE acted lawfully and reasonably, in line with the Zimbabwe Council for Higher Education Act.

UNICAF, an international university based in Cyprus, was initially given provisional registration by ZIMCHE in October 2019 for two years.

The registration came with conditions, including setting up an open distance e-learning system, accrediting programmes, and collaborating with the Zimbabwe Open University.

The university applied for renewal before the licence expired in October 2021, but ZIMCHE rejected the application in January 2022, saying UNICAF had not met the original conditions.

UNICAF tried again in March 2022, but the second application was also denied in November 2022.

ZIMCHE said UNICAF had not made enough progress to meet the requirements for accreditation.

The council raised concerns about governance, the alignment of UNICAF’s programmes with Zimbabwe’s Education 5.0 policy, and the lack of evidence showing compliance with the initial conditions.

ZIMCHE also argued that the programmes were basically copies of courses offered in other countries, rather than being adapted for Zimbabwe.

UNICAF argued that the refusal was unfair, biased, and based on the wrong standards, claiming that COVID-19 and other factors had slowed its progress.

The university asked the court to force ZIMCHE to issue the licence or to consider it automatically granted.

But Justice Dube-Banda sided with ZIMCHE, saying the council acted within its legal powers. The judge pointed out that provisional registration is not automatic and can only be granted if a university is likely to meet final accreditation requirements.

He also dismissed claims of bias or delay, and said the university’s case showed a misunderstanding of administrative law.

On costs, the court refused ZIMCHE’s request for punitive costs and awarded ordinary costs instead.

More: The Herald

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