CFTC investigating ‘unconscionable’ fees in private schools

The Competition and Fair Trading Commission (CFTC) says it has noted with concern that some private schools are demanding parents and guardians of standard eight students, who will be sitting for the Malawi National Examinations Board (MANEB) Primary School Leaving Certificate of Education (PSLCE), to pay full third term fees.

This is regardless of the fact that the period that the students will be at school before the commencement of their examinations in early September, is less than two weeks.

CFTC has expressed its concerns in a statement it issued on Friday, which has been signed by the acting executive director of the commission, Apoche Itimu.

According to the statement, some schools have even threatened to withhold access to the students’ MANEB Examination Identity Cards should the full school fees not be paid, which would result in the students not being able to sit for the exams.

CFTC says it has since commenced investigations against some of these schools for engaging in what it describes as “unconscionable conduct”.

The commission says such conduct is tantamount to unfair business and trade practices that should not be entertained.

“It should be noted that, under Section 43(1)(g) of the Competition and Fair Trading Act (CFTA), business enterprises are prohibited from engaging in unconscionable conduct in carrying out trade in goods or services.

“The commission, hereby, issues a warning to the schools that are engaging in the conduct of withholding MANEB Examination IDs, or making any threats to that effect, to categorically refrain from that conduct.

“Engaging in conduct that is likely to affect the students’ access to the examinations, or in any way likely to affect their preparations for the examinations, whether physically or emotionally, likely amounts to unconscionable conduct,” the statement reads in part.

CFTC adds that the schools conduct does not only infringe on the student’s rights as consumers, but also affects their general right to education.

“On the part of school fees, the commission would call upon the schools to engage in effective dialogue with the parents and guardians and reach an amicable resolution with regard to the amount of fees to be paid, bearing in mind that the students will only use the school facilities for less than half of the term.

“The commission hereby also calls on the parents and general public affected by these malpractices to report to the commission any acts of unfair conducts that they or their wards may have been or are being subjected to in this regard,” concludes the statement.