Ahead of the September 16 General Election, there has been a debate that some public officers are engaging in active politics through their participation in party primary elections. Regulation 1:201 (24) of the Malawi Public Service Regulation says a civil servant is guilty of misconduct if he or she engages in any activity, political or otherwise, which interferes with their performance. In this interview, Mzuzu Bureau Supervisor JOSEPH MWALE spoke to the Secretary to the President and Cabinet (SPC) Colleen Zamba to find out what action she will take on such individuals: Excerpts:
What do you make of the participation of some civil servants in active politics?
I am aware of the provisions of Section 40 of the Constitution which guarantee these officers rights to political activity and the provisions of Section 193 of the Constitution on the independence of the civil service.
The exercise of the rights under Section 40 is guided by Section 193 of the Constitution where certain restrictions are placed on certain cadres of civil servants on how they exercise their rights to participate directly in political activities.
But what is your understanding of the cited legal and regulations above, in relation to the participation of the said individuals?
My understanding of the provisions cited above is that there has been no prescription by the National Assembly on which officers should be restrained from direct participation in political activities and as such, I am guided by the Malaŵi Public Service Regulations, especially Regulation 1:201(24) which you have cited that if the participation in political or other activities interfere with the performance of their duties, these officers shall be liable to disciplinary proceedings for misconduct.
You might wish to note that under this regulation, not all participation in political or other activity suffices as misconduct. The participation must affect the performance of one’s duties to warrant disciplinary action against the officer.
There are calls that your office should act on the matter. What do you say?
The civil service is a properly constituted organisation. Not every officer reports directly to the Secretary to the President and Cabinet. Officers have their supervising officers, responsible officers and controlling officers, who are duty bound to watch out if the participation of an officer in political or other activities is interfering with the performance of that officer’s duties to warrant action under Regulation 1:201(24). For now, such information has not reached my office yet.
There is precedence, that in 2018, former president Bingu wa Mutharika’s widow Callista, George Saonda and Chiza Mbekeani were fired from their public service jobs for allegedly engaging in active politics through their involvement with UTM Party. Some are arguing that those engaged now are not being disciplined because they belong to the governing party. What do you say about this?
I cannot speak for the decisions made in 2018. I can only say that where it is brought to my attention that the participation of an officer in political or other activity has interfered with the performance of their duties, I am duty bound to act against that officer.
In the absence of a prescription by the National Assembly, I do not have the powers to enforce the provisions of Section 193 of the Constitution. Once the National Assembly makes the prescription it has been empowered to make since 1994 when the provision came into being, I will easily enforce the restrictions imposed on certain civil servants in accordance with the prescription.
Your suggestion that this is about certain officers being members of the ruling party, therefore, falls away.
