Mbabane – BirchCooper Graduate Institute has taken the Eswatini Higher Education Council (ESHEC) to court over the revocation of its provisional registration, claiming the decision was taken prematurely while the institution was still working towards compliance.
The institution, trading as New Chapter (Pty) Ltd, is asking the High Court to set aside ESHEC’s October 30, 2025 decision to revoke its provisional registration.
BirchCooper claims that the decision was taken while it was still engaged with ESHEC over concerns relating to the accreditation of some of its programmes.
According to the founding affidavit filed by the institution’s director, Lawrence Essuman, ESHEC had instructed BirchCooper in October 2025 to stop offering programmes that had not been accredited and submit a mitigation plan for students already enrolled.
The institution says it subsequently requested additional time to prepare the mitigation plan and later submitted its response to ESHEC on November 4, 2025.
The following day, ESHEC Acting Chief Executive Officer Dr Ncamsile D. Motsa allegedly acknowledged receipt of the submission and undertook to provide a comprehensive response.
However, BirchCooper claims that ESHEC had already resolved to revoke its provisional registration on October 30, 2025, before the institution submitted its compliance proposal.
The institution argues that it was therefore not given a proper opportunity to respond to the concerns that allegedly formed the basis of the decision.
BirchCooper further disputes allegations that it continued offering suspended programmes in violation of ESHEC’s directives.
The institution claims that it did not enrol new students into the affected programmes but continued assisting students who had already enrolled while working towards compliance.
It also disputes allegations relating to its September 2025 graduation ceremony and claims that students were issued graduation scrolls, rather than official certificates.
The institution says the scrolls clearly stated that they were for graduation purposes only and did not serve as official certificates.
BirchCooper further claims that the two parties continued engaging after the revocation decision, including a meeting held in December 2025.
It alleges that despite these engagements, ESHEC later publicly announced that the institution’s registration had been revoked.
The institution argues that the decision has damaged its reputation, disrupted its academic operations and affected students enrolled at the institution.
It is asking the High Court to review and set aside ESHEC’s decision, declare it procedurally unfair, unreasonable and unlawful, and send the matter back to the council for reconsideration.
BirchCooper also wants ESHEC to consider its compliance proposal and give the institution a fair opportunity to respond before any further decision is taken.
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