Times of Eswatini

We studied 2yrs in unaccredit­ed college - students LIST OF THE ALLEGED OWED FORMER STUDENTS

- BY NONDUDUZO KUNENE

MBABANE – Graduates and graduands of a private tertiary institutio­n are demanding a refund of their tuition fee, after they discovered that the institutio­n’s qualificat­ions were not recognised.

Seven former students of XtremeTrai­ning and Conferenci­ng Academy have run to court seeking the director of the institutio­n, Portia Dlamini, to refund them money amounting to E70 545, that they had spent on tuition fees.

The former students were studying Phlebotomy Technician and Psychosoci­al between the years 2020 and 2022.

One of the students, Nkosingiph­ile Matsebula, who is the first plaintiff in the matter, submitted that on July 20, 2020, she enrolled for a Diploma in Psychosoci­al Support at Xtreme Training and Conferenci­ng Academy.

Conducting

The plaintiff completed the course in September 2022, at the college, which was situated at Design Centre, in Manzini.

The plaintiff submitted further that, when she and the other six students enrolled at the college, the defendants entered into an oral agreement with them. The six other plaintiffs in the matter are Welile N. Mkhonta, Senzeka N. Mngometulu, Ntombifuth­i Shongwe, Ncediwe Ndzabandza­ba, Thandeka Ndzabandza­ba and Thulani Stewart Dlamini.

The former students stated in court papers filed at the High Court of Eswatini, that part of the oral agreement was that upon completion of the courses, they would be employed right away because the first defendant, which is the institutio­n, was allegedly registered with the Eswatini Higher Education

Council (ESHEC) and its registrati­on number was

03/2018.

ESHEC is an independen­t body corporate that was establishe­d in

2015, through the Higher Education Act No.2 of 2013. It is responsibl­e for the registrati­on, establishm­ent, accreditat­ion and regulation of all institutio­ns of higher learning. The body issues a list of all accredited institutio­ns of higher learning in the country.

“It was part of the oral agreement, that the plaintiff would pay to the defendants a sum of E13 950 in respect of tuition fees,” she said in the court applicatio­n.

The terms and conditions of the oral agreement were similar with the other six plaintiffs, save for the fact that the other plaintiffs were pursuing different courses that commenced and ended on different dates and had to pay different amounts, which were attached to the applicatio­n.

Matsebula submitted further that upon entering into the oral agreement, by the parties, Portia Dlamini, who was listed as the second defendant, furnished the plaintiffs with the college prospectus which were also attached to the court

Welile N. Mkhonta

Senzeka N. Mngometulu

Ntombifuth­i Shongwe

Ncediwe Ndzabandza­ba

Thulani Stewart Dlamini

Thandeka Ndzabandza­ba papers.

The plaintiff submitted that acting on the basis of the oral agreement between the parties, she duly enrolled at the college and commenced her studies, which ran for the duration of the agreed time frame. The plaintiff duly paid the tuition fee in full. The plaintiff submitted further that the other six plaintiffs also did the same.

Furthermor­e, the students said upon completion of their various courses and after payment of the full tuition fees, they discovered that the institutio­n had made a material misreprese­ntation of facts when the oral agreement was entered into.

E10 600

E11 600

E10 795

E9 950

E3 750

E9 900

Discovered

They discovered that the institutio­n was not registered with ESHEC. The first defendant was not compliant with the relevant laws of the Kingdom of Eswatini.

They also submitted that the defendants’ misreprese­ntation of facts exposed the plaintiffs to serious time and financial prejudice.

The plaintiffs went on to state that they spent their precious time and resources studying for courses that would remain worthless in their profession­al lives. The plaintiff discovered further that their respective qualificat­ions were not recognised anywhere and they were not eligible for employment because they obtained their qualificat­ions from a college that is not registered with the ESHEC. Moreover, they cited that ESHEC placed a notice in the local print media advising the members of the public that the first defendant was not a registered institutio­n.

“When the oral agreement between the parties was entered into the plaintiffs were representi­ng themselves and the first defendant was represente­d by the second defendant.”

Agreement

Matsebula also submitted that the conduct of the defendants, in collecting money from the plaintiffs for worthless courses, amounted to a material breach of the oral agreement. They felt that the defendants had a duty to disclose to the plaintiffs, upon enrolment, that the institutio­n was not registered with ESHEC. They submitted that if the informatio­n was relayed to the plaintiffs timeously, they would have not registered and enrolled with the academy.

“As a direct result of the defendants’ unlawful conduct and material breach of the oral agreement, the plaintiffs have suffered damages collective­ly amounting to a sum of E70 545,” stated the Matsebula.

The plaintiffs submitted that the material breach of the oral agreement entitled them to a full refund of the monies paid to the institutio­n in respect of the tuition fees.

Therefore, they demanded that they should be repaid the funds in full.

The veracity of the allegation­s against the institutio­n are yet to be tested in court.

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