The High Court of Malawi has granted an order to embattled Blantyre Water Board (BWB) chief executive officer Yeremiah Chihana reinstating him into his role days after his suspension.
In his order, Judge Jack N’riva has also granted Chihana permission to seek judicial review of BWB board of directors’ decision suspending him pending an inquiry following an emergency board meeting.
The court ordered that implementation of the purported resolution, suspension letter and related measures be pended until determination of the substantive judicial review or further order.
Reads the order: “The respondent shall forthwith restore the claimant to the office, functions, access, official communications, records, files, facilities, tools and responsibilities of chief executive officer of Blantyre Water Board.”
BWB board of directors suspended Chihana to pave the way for a disciplinary inquiry into allegations of misrepresentation, unauthorised appointments and a K500 million overdraft allegedly secured without the board’s approval.
In his submission, Chihana’s lawyer Michael Goba Chipeta said his client was not given a board paper, charges, committee report, adverse evidence, legal advice, risk assessment, proposed resolution, conflict record or invitation to address suspension and alternatives during an emergency board meeting on August 27.
BWB chairperson Stanely Chirwa, a private practice lawyer himself, said he was yet to receive the said order.
This was the second suspension for Chihana in five months and during the earlier suspension, he obtained a court order reinstating him at the helm of the public water utility.
In April, the board suspended Chihana over a litany of allegations, including bypassing it in facilitating arrests of acting directors.
BWB Employees Trade Union in June asked the Comptroller of Statutory Corporations to intervene in the standoff between Chihana and its board of directors as the strained relations threaten operations.
