The management and legal frameworks for the establishment of the Southern Africa Nazarene University in Swaziland

Abstract

This study of the legal and management frameworks for private higher education institutions in Swaziland provides a theoretical framework for the establishment and management of such institutions and especially the Southern Africa Nazarene University (SANU). A literature review of Swaziland’s education legislation and education system, the legal processes for the establishment of private higher education institutions, the types and legal status of these, their funding of, and their organisational and management structures provided the theoretical framework upon which the study was based. The review indicated that: a private higher education system in Swaziland was in the process of being developed; such institutions were established and operated within the overall higher education system; there were two legal instruments that could be used to establish these institutions – an Act of Parliament and a Certificate of Registration; the government was the major funder of private higher education institutions; and there are different organisational and management structures in existence. Against this background an empirical qualitative investigation was conducted. Data was collected from education managers, government officials, Church leadership, and legal representatives through in-depth interviews, focus group discussions, and participant observation. The findings of the empirical investigation complemented the findings obtained from the literature review. The underdevelopment of the private higher education system resulted in two major implications: uncertainty of the legal process for the establishment of SANU, and the development as well as immediate implementation of education legislation and policies. The application of the legal procedures outlined by the Higher Education Bill of 2007 to the establishment, management and funding of SANU affords a good example. Even though the people entrusted with the establishment of SANU selected the Act of Parliament for this process and developed the SANU Bill, government officials instead advocated and implemented the certification process regarding the establishment and management of SANU. Subvention, tuition fees, commercial farming and provision of short term occupational training programmes were identified as income-generating strategies for SANU. A unique organisational and management structure was developed for SANU. Based on those findings, several recommendations for the improvement of the management of the process of establishment of universities in Swaziland and especially SANU were made.