Africa-Press – Malawi. The High Court in Blantyre has once again halted government’s controversial secondment of senior parastatal executives to public universities, dealing another blow to a project that courts have repeatedly found wanting—but which Attorney General Frank Mbeta appears determined to pursue regardless.
In the latest ruling, the court reinstated Electricity Supply Corporation of Malawi (Escom) director of human resources and administration Chrispin Banda, who was controversially seconded on November 17, 2025 to the Malawi School of Government (MSG) to serve as a lecturer. The decision comes barely five days after another High Court judge, Allan Muhome, reinstated Escom chief executive officer Kamkwamba Kumwenda, who had also been removed from his post under the same secondment scheme.
The rulings are rapidly piling up, and the message from the judiciary is becoming difficult to ignore: the government’s redeployment drive is legally fragile.
In her determination, High Court Judge Edna Bodole granted Banda permission to apply for judicial review and issued a stay order stopping the implementation of the Chief Secretary’s decision.
She ruled: “The defendant’s decision made on November 17, 2025 be and is hereby stayed with the result that until the hearing and determination of the application for judicial review… the status quo ante preceding the impugned decision of the defendant remains.”
In plain terms, the court ordered that Banda be treated as if the secondment decision had never been made.
Through his lawyer, Bentry Nyondo of Ritz Attorneys at Law, Banda argued that his employment with Escom is purely contractual and that he reports only to the Escom Board—not to the Chief Secretary to the Office of the President and Cabinet.
Banda’s three-year contract runs until January 2028, and his legal team argued that he is not a civil servant subject to redeployment under the Malawi Public Service Regulations (MPRS) of 1995.
Reads part of the application: “He is not a civil servant so as to become subject to the authority and direction of the defendant… the claimant’s secondment is marred with bad faith as it is not supported by law or any pressing necessity.”
The application further states that Banda has no teaching experience and that the decision effectively amounts to termination of his employment.
In unusually strong language, Nyondo criticised the conduct of the Chief Secretary’s office, warning that constitutional offices are not above the law.
“The rule of law will certainly not allow the Secretary to the Cabinet to behave like a bull which disregards herbs, shrubs and creepers,” said Nyondo. “The holder of such office can and must only exercise lawful authority.”
Despite a growing trail of court defeats, Attorney General Frank Mbeta yesterday insisted government would fight on.
“I have not yet received [the Banda stay order], but will challenge it in court,” said Mbeta, adding that documents challenging the Kumwenda reinstatement would also be filed.
His stance signals an unyielding commitment to a project that has now been repeatedly rejected by the courts—raising fresh questions about whether government is listening to legal guidance or simply ploughing ahead regardless of cost.
The secondment programme has affected a wide range of senior executives. Besides Kumwenda and Banda, government also seconded Escom chief operations officer Maxwell Mulimakwenda to teach at Mzuzu University (Mzuni). CEOs of Central Region Water Board, Blantyre Water Board and Southern Region Water Board—John Makwenda, Robert Hanjahanja and Duncan Chambamba—were also redeployed to Malawi University of Business and Applied Sciences (Mubas).
At Mzuni, Northern Region Water Board CEO Francis Munthali and Electricity Generation Company (Egenco) CEO Maxon Chitawo were also seconded.
Meanwhile, Higher Education Students Loans and Grants Board CEO Prince Phwetekere, who was sent to Domasi College of Education, twice refused to comply and has since been suspended—an action now likely to attract legal scrutiny of its own.
Labour law experts have consistently warned that the redeployments may amount to unfair labour practices. Mauya Msuku earlier observed that moving executives into academic roles fundamentally alters their employment conditions.
“Getting the same salary is not enough,” said Msuku. “The environment, job description, decision-making authority and hierarchy all change.”
Economists have also raised alarm over the financial implications. Mzuni lecturer Christopher Mbukwa warned that taxpayers could be forced to foot growing legal bills as government continues to defend a scheme under austerity conditions.
With two High Court judges already blocking the programme and more cases looming, the judiciary appears increasingly clear. Yet Mbeta’s insistence on pressing ahead suggests a government unwilling—or unable—to read the room.
As court orders mount, the secondment project is fast turning into a test not just of labour law, but of respect for the rule of law itself.
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