Africa-Press – Malawi. President Peter Mutharika has come under fierce criticism for unilaterally appointing new heads for two of Malawi’s most powerful institutions — the Anti-Corruption Bureau (ACB) and the Malawi Revenue Authority (MRA) — in what legal experts and governance advocates are calling a blatant violation of the law.
The appointments of Gabriel Chembezi as ACB Director General and Felix Tambulasi as MRA Commissioner General, both announced by Chief Secretary Justin Saidi, have ignited a wave of backlash from academics and civil society, who say the President has disregarded established legal procedures and undermined the rule of law.
A subsequent statement from the Ministry of Justice attempted to downplay the controversy, claiming the appointments were made “in an acting capacity.” But legal minds say that argument does not hold water.
“By law, the ACB Director General post must be advertised, and the President can only appoint after recommendations from the selection process and confirmation by Parliament,” said University of Malawi law professor Garton Kamchedzera in an interview yesterday. “Similarly, the MRA Commissioner General is appointed by the Board. If there is no board, government must first constitute one. These appointments are, therefore, null and void for lack of authority.”
Kamchedzera accused the President of disregarding constitutional order and normal appointment procedures — a move he warned could erode confidence in public institutions and embolden impunity.
His sentiments were echoed by fellow legal scholar Benedetta Malunga, who questioned Mutharika’s apparent haste to install top officials without due process.
“The President is sworn to uphold the law, not to bend it. The ACB and MRA laws are clear — no appointment can be made without following proper procedures. What was required was simply to obey the law,” she said.
Governance advocates have also condemned the move, saying it signals dangerous interference in institutions that should remain independent.
National Advocacy Platform (NAP) chairperson Benedicto Kondowe described the appointments as “a grave governance misstep.”
“The law does not empower the President to make unilateral appointments for either ACB or MRA. Even if driven by urgency, these shortcuts undermine the credibility of the appointees and weaken public trust in the system,” Kondowe said.
Centre for Social Accountability and Transparency (CSAT) executive director Willy Kambwandira said the decision exposes how political expediency continues to override governance ethics.
“This raises serious concerns about institutional independence and transparency. We demand that these appointments be rescinded and that lawful procedures be followed,” Kambwandira said.
As the backlash grows, pressure is mounting on State House and the Office of the President to justify the legal basis of the two appointments.
Chief Secretary Justin Saidi was yet to respond to a detailed questionnaire by press time.
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