Africa-Press – Malawi. In a rapid succession of legal victories for top executives at the Electricity Supply Corporation of Malawi (ESCOM), the High Court in Blantyre has reinstated Director of Human Resources and Administration Chrispin Banda through a Stay Order after he was seconded to the Malawi School of Government (MSG) on November 17, 2025.
This development comes barely five days after another High Court Judge, Allan Hans Muhome, reinstated ESCOM Chief Executive Officer Kamkwamba Kumwenda to his position following his secondment to the Malawi University of Business and Applied Sciences (MUBAS) on December 24, 2025. Alongside them, ESCOM Chief Operations Officer Maxwell Mulimakwenda had been seconded to Mzuzu University (Mzuni).
Banda, through lawyer Bentry Nyondo of Ritz Attorneys at Law, argued that his employment contract with ESCOM binds him solely to the ESCOM Board, and that any secondment outside the organization requires lawful authority in accordance with that contract.
Nyondo emphasized the constitutional principle of lawful exercise of authority, stating that the Chief Secretary, as a constitutional office-holder, “can and must only exercise lawful authority.”
The High Court’s Stay Order reinstates Banda to his duties at ESCOM pending full resolution of the case, showcasing Nyondo’s precision in constitutional and employment law, particularly in holding government officers accountable to the limits of their authority.
This win underscores Nyondo’s growing reputation as a lawyer capable of navigating complex legal and administrative disputes involving high-level executives.
Attorney General Frank Mbeta has since indicated that the government will challenge both Stay Orders, signaling ongoing litigation. Observers note that the swift judicial interventions reflect not only the strength of the legal arguments presented by Nyondo but also the judiciary’s role in upholding the rule of law in employment disputes within state-owned enterprises.
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