CHAPTER ONE

GENRERAL INTRODUCTION

1.1 BACKGROUND OF THE STUDY

Education has, from a global perspective, long been regarded not merely as a social service but as a public function of strategic importance to the State. It is one of the principal means through which societies transmit knowledge, build citizenship, train skilled labour, preserve culture, and sustain economic development. At the international level, this broad understanding of education has been consistently affirmed by multilateral institutions.

In legal terms, supervisory control is different from hierarchical control. Hierarchical control usually operates within a chain of command, where a superior authority can issue orders, substitute decisions, and directly manage the conduct of subordinates. Supervisory control, by contrast, generally applies to autonomous or semi-autonomous public bodies that possess legal personality and a degree of administrative or financial independence. The supervisory authority does not ordinarily run the institution on a daily basis; rather, it verifies legality, approves certain acts, ensures compliance with public policy, and intervenes when the institution acts outside its mandate or in a manner harmful to the public interest. In higher education, this distinction is crucial because universities are rarely mere departments of a ministry. They are typically public establishments or public institutions with their own organs, responsibilities, and legal identities. As a result, the law must strike a careful balance between institutional self-governance and state tutelage.

Higher education in Cameroon developed initially under a highly centralized model. According to Reforming a National System of Higher Education: The Case of Cameroon, the major reform of January 1993 transformed a single large university structure and a few university centres into several universities distributed across the country.[1] Before that reform, the University of Yaoundé had dominated the higher education landscape. The 1993 reform sought to respond to rising enrolment, regional demands, capacity constraints, and the need for a more diversified and geographically distributed system. In institutional terms, the reform marked a major restructuring of higher education governance in Cameroon. It moved the country away from the concentration of university life in one central institution and toward a multi-university public system.

That expansion has continued over time. The legal instruments cited in recent presidential decrees show the progressive creation and organization of universities such as Bamenda, Maroua, Bertoua, Ebolowa, and Garoua in addition to older institutions such as Yaoundé I, Yaoundé II, Dschang, Douala, Buea, and Ngaoundéré.[2] This reveals not only growth in the number of state universities, but also the persistence of a highly legalised mode of university governance in which institutional existence, structure, and major appointments depend on decrees and other formal state acts. In other words, the university sector in Cameroon has expanded geographically and functionally, but the State remains deeply embedded in its governance architecture.

The legal foundations of higher education governance in Cameroon have also evolved. Earlier governance of universities was often referenced through Law No. 2001/005 of 16 April 2001 on the orientation of higher education, as seen in several presidential decrees relating to appointments and university administration. More recently, the framework has been updated through Law No. 2023/007 of 25 July 2023 on Higher Education Policy in Cameroon, which now serves as a major reference point in university-related state acts.[3]The recurrence of this law in recent decrees indicates that the State regards higher education governance as a specific and current policy field requiring dedicated legal direction. This is important because it shows that supervisory control over universities in Cameroon is not an incidental administrative practice; it is anchored in a deliberate legislative and regulatory order.

It is against this background that the present study is situated. This study investigates the effectiveness of supervisory control over state universities in Cameroon. Its concern is not merely descriptive. It seeks to determine whether the current legal and institutional framework of tutelage over state universities in Cameroon actually achieves its stated purposes of legality, accountability, quality assurance, and public interest protection, while still preserving the autonomy that universities require in order to function as genuine centres of higher learning.

1.2The problem Statement

Supervisory control over state universities is a recognized feature of higher education governance across the world. It is grounded in the need for the State to ensure legality, accountability, and the proper use of public resources within institutions that are largely publicly funded and established by law. However, this balance has become increasingly complex. While universities are expected to enjoy academic freedom and autonomy, global trends show a growing demand for transparency, accountability, and performance-based regulation. Studies on higher education governance indicate that autonomy does not eliminate the need for oversight; rather, it requires carefully designed supervisory mechanisms to ensure that institutions remain aligned with national priorities and public interest.[4]

In Cameroon, this issue is even more pronounced due to the country’s legal and administrative structure. The higher education sector is governed by a detailed legal framework, including Law No. 98/004 of 14 April 1998 and Law No. 2023/007 of 25 July 2023, both of which affirm the State’s role in organizing, regulating, and supervising education. While these laws establish the legal basis for supervisory control, they do not always clearly define the limits of such control in relation to university autonomy. The study is therefore justified by the need to critically assess the current system, identify its weaknesses, and propose legal and institutional reforms capable of enhancing both accountability and autonomy in Cameroon’s higher education sector.

1.3 Research Questions

This study is guided by a central research question and a set of specific questions designed to address the key legal and institutional issues surrounding supervisory control over state universities in Cameroon.

1.3.1 Main Research Question

What reasons account for the ineffectiveness of supervisory control over state universities in Cameroon?

1.3.2 Specific Research Questions

• What is the legal and conceptual meaning of supervisory control in administrative law, particularly in relation to higher education institutions?
• What legal and institutional frameworks govern supervisory control over state universities in Cameroon?
• What Policy recommendations can be made to address the problems raised?

1.4 Research Objectives

This research is guided by one main aim and several specific objectives.

1.4.1 Main Objective

To examine the reasons why supervisory control over state universities in Cameroon remain ineffective.

1.4.2 Specific Objectives

• To analyze the concept nature of supervisory control in administrative law and its application to higher education.
• To examine the legal and institutional frameworks governing supervisory control over state universities in Cameroon.
• To propose reforms aimed at improving the effectiveness of supervisory control while safeguarding university autonomy.

[1] Dorothy L. Njeuma, Reforming a National System of Higher Education: The Case of Cameroon. Available online at: www.adeanet.org (Accessed on 13 April 2026).

[2] Republic of Cameroon, “Decree No. 2025/395 of 11 August 2025 to appoint officials in some State universities.” Available online at: www.prc.cm (Accessed on 13 April 2026).

[3] Republic of Cameroon, Law No. 2023/007 of 25 July 2023 on Higher Education Policy in Cameroon. Available online at: www.prc.cm (Accessed on 13 April 2026).

[4] UNESCO, “Bridging the Data Gap in Higher Education Policymaking.” Available online at: www.world-education-blog.org (Accessed on 13 April 2026).