The letter by Minister of Education and Training Owen Nxumalo allowing the privatisation of Baha’i schools has been labelled as problematic by government.
This was said by Crown Counsel Sibonginkhosi Dlamini from the attorney general’s chambers during arguments on the privatisation of Baha’i schools yesterday in court.
Dlamini said not only will the move by the minister raise eyebrows with the United Nations due to issues of children’s welfare and workers’ rights, but it will also open floodgates for other mission schools who may want to follow suit.
According to Dlamini, this could make education more expensive for the ordinary Liswati. She added that schools were due to open on Monday, yet privatisation seemed not to have been considered in terms of its immediate effects on learners and teachers.
She argued that the schools were built on crown grant land under the Ingwenyama Trust, allocated to mission schools to assist Emaswati. The secondary school, she stressed, was built on donated land with a strict non-profit condition.
“Therefore, the nature of the two types of land on which the schools were built does not favour privatisation,” Dlamini said.
Court filings supporting her arguments noted that allowing privatisation of Baha’i schools would set a costly precedent for all mission schools established on crown land.
“It is worth mentioning that some mission schools have already shown interest in privatising their schools. This would make education costly, poor and inaccessible, thus rendering the nation into anarchy since mission schools are a larger percentage in the country,” the document read.
Minister acted outside his authority – PS
Principal Secretary in the Ministry of Education, Naniki Mnisi, has accused Minister Owen Nxumalo of acting beyond his legal authority by directing the privatisation of the Baha’i schools.
In a replying affidavit filed at the High Court, Mnisi challenged Nxumalo’s August 14 directive, arguing that it violated the Education Regulations of 2009, which vest privatisation powers solely in the PS. She described the minister’s letter as “a paper tiger,” legally invalid and incapable of conferring rights.
The dispute escalated after the schools’ founders, represented by the Setsembiso Sebunye Foundation, filed an urgent application seeking control over school records and finances. They claim the minister’s directive lawfully returned authority to them, but allege obstruction by Hhohho Regional Education Officer Nkosinathi Nkambule.
Mnisi countered that the directive created governance confusion and urged the court to set it aside, framing the issue as a test of legal boundaries and statutory mandates.
E4.5m loans repaid through public channels – PS
PS Mnisi further argued that the Baha’i Schools cannot be classified as private institutions due to significant public investment and land grants.
In her affidavit, she revealed that over E4.5 million in loans were secured for the schools’ development and repaid not by private Baha’i funds, but through public contributions, including parental building fees and taxpayer money.
“This alone dispels the notion of private funding,” Mnisi stated, calling the schools “a product of national sacrifice.”
Mnisi also highlighted that:
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70% of the land was allocated by the Crown for mission schools.
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29% was donated by Kapola Estates under a non-profit condition.
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Only 1% was privately held.
She argued that privatisation would violate donor intent and government policy, urging the court to reject the move.
I have powers on privatisation – PS insists
Mnisi asserted that only the PS has legal authority to decide on school privatisation, citing Regulation 5 of the 2009 Education Regulations.
She revealed that the Baha’i Schools’ privatisation request had already been rejected by her predecessor, Bhekithemba Gama, after consultation with senior ministry officials.
“When the minister issued the privatisation letter, no senior officials attended the media briefing, they knew the matter had been settled,” Mnisi stated.
Applicants accused of mismanaging over E7m
In a sharp rebuttal to claims of financial mismanagement against school committees, Mnisi accused the Baha’i representatives of failing to account for public funds.
Citing auditor general’s reports, she said:
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E2.4 million was unaccounted for in 2022.
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The figure rose to E5.4 million in 2023.
“There is no basis for the applicant’s allegations, the record shows they failed to account for millions,” Mnisi said.
Hhohho Regional Education Officer Nkosinathi Nkambule, cited as the seventh respondent, backed Mnisi’s affidavit, confirming its accuracy regarding the Baha’i Schools’ privatisation.
The urgent application lists nine respondents, including school principals, committee chairpersons, Standard Bank (custodian of the disputed accounts), and the attorney general as government’s legal representative.
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