Alleged unconscionable Conduct Against 15 schools

1. Chisapi Private School; (2) King’s Foundation Private Schools; (3) Lilongwe Pentecostal Church Christian School; (4) Stance Independent Primary School; (5) Michaels Private Primary School; (6) Kirk Range Private School; (7) Maranatha Boys Academy; (8) Kawale SDA Primary School; (9) Haven Modern Academy School; (10) Nkhotakota Private Secondary School (T/A Musa Private School) ; (11) Athens Private School; (12) Nzeru Private School; (13) Hope Christian School; (14) St Paul’s Minor Seminary; and (15) Nazarene Christian Schools

Between August and September 2021, the CFTC received several complaints against the schools outlined above. The complainants were premised on 2 issues:

1. Demand for payment of full school fees for third term even though students would be staying at the school for a very short period; and
2. Withholding of MANEB examination IDs for students whose parents and guardians did not complete payment of school fees.

Following investigations, the Commission found that:

1.  there is justification for demanding full school fees regardless of the amount of time the candidates were to attend classes. This is based on the consideration that the school operations costs are dominated by fixed costs that remain payable regardless of the length of the term or the number of students at school. There was thus no conclusive evidence that the conduct of demanding full school fees amounted to unconscionable conduct.
2. the conduct of withholding MANEB IDs was not reasonable and neither was it justifiable by law as such the conduct was unfair towards the students; and an infringement of their rights as consumers and was therefore in contravention of Section 43(1)(g) of the CFTA.

Out of the 15 schools investigated, the Commission found that all the schools (except two) engaged in the conduct of demanding full school fees for the third term. On 11 of the schools, the Commission did not find exclusive evidence that they engaged in the conduct of withholding MANEB examination IDs for students that had not completed paying school fees. These schools were: (1) Chisapi Private School; (2) King’s Foundation Private Schools; (3) Lilongwe Pentecostal Church Christian School; (4) Stance Independent Primary School; (5) Michaels Private Primary School; (6) Kirk Range Private School; (7) Maranatha Boys Academy; (8) Kawale SDA Primary School; (9) Haven Modern Academy School; (10) Nkhotakota Private Secondary School (T/A Musa Private School) and (11) Nzeru Private School. The schools were found not liable of unconscionable conduct.

In view of the findings, the Commission resolved to close the cases against the schools.

The Commission, however, found that 2 out of the 15 schools that were investigated engaged in the conduct of withholding MANEB IDs from students that had not completed paying school fees in full. These were as follows: (1) Athens Private School; and (2) Hope Christian School. The schools were thus found liable of unconscionable conduct, contrary to section 43(1)(g) of the CFTC.

In view of the findings, the Commission issued Orders for the said schools to Cease and Desist from engaging in such conduct.