The legal framework for establishing private universities in Swaziland/ C.V. Mbanze

This article draws on a doctoral study which investigated the legal and management frameworks required for establishing private universities in Swaziland. The focus is particularly on the legal framework for establishing the Southern Africa Nazarene University (SANU). Managers involved in establishing SANU encountered a lack of both specific legislation dealing with private higher education and existing legislation regulating higher education in Swaziland in general. These managers disagreed on whether the legality of a private university derives from a private Act of Parliament or from a Certificate of Registration. The researcher designed the study as action research and acted, as one of the managers, as an insider researcher. After investigating this problem through a literature review, focus group discussions, participant observation and personal conversations the researcher concluded that, to ensure that the legality of SANU is not questioned in future, the best option in establishing SANU was to follow a dual process of adopting a private Act and engaging in a registration process.