The High Court in Blantyre is set to deliver a ruling today in a case involving the removal of two former top executives from the Electricity Supply Corporation of Malawi (Escom). Kamkwamba Kumwenda, former CEO, and Chrispin Banda, former human resources director, are challenging their transfer to other institutions by the Secretary to the Government, arguing that the move was unlawful and beyond the Secretary’s authority.
In November last year, Chief Secretary Justin Saidi seconded Kumwenda and Banda to the Malawi University of Business and Applied Sciences (MUBAS) and the Malawi School of Government, respectively. The two executives claim that this decision was made without following proper procedures and that the Chief Secretary exceeded his powers. Through their lawyer, Bentry Nyondo, they argue that as corporate executives, they are not civil servants and therefore not subject to the administrative control of the Office of the President and Cabinet.
Nyondo contends that only the Escom Board has the authority to discipline, transfer, or remove senior executives, and that the Chief Secretary’s actions were a violation of this principle. The Attorney General, Frank Mbeta, opposed the application, arguing that the Chief Secretary had the power to act because Escom is a public institution owned by the government. Mbeta also pointed out that at the time of the decision, parastatal boards had been dissolved, giving the Chief Secretary the authority to act.
The case has significant implications for the governance of parastatal institutions and the limits of executive power in Malawi. The court’s ruling will determine whether the Secretary to the Cabinet can lawfully redeploy executives of a parastatal corporation to institutions outside the civil service. High Court Judge Allan Hans Muhome reserved his ruling after hearing arguments from both sides, and his decision is expected to provide clarity on the matter.
The case also raises questions about the role of parastatal boards and the extent of executive power in Malawi. The outcome of the case may have far-reaching consequences for the management of public institutions and the balance of power between the executive and other branches of government. With the ruling expected today, all eyes are on the High Court as it prepares to deliver its verdict on this critical matter.
