Committee to summon Ngora boss Chileka Banda

Parliament’s Public Appointments Committee (PAC) wants to summon Non-Governmental Organisation Regulatory Authority (Ngora) chief executive officer Edward Chileka Banda for taking part in politics while serving as a public servant.

But Chileka Banda, who recently contested at a Malawi Congress Party (MCP) convention, says he has not flouted any law worth his reprimanding.

Section 193 (2) (a) of the Republican Constitution states that civil servants aspiring to engage in partisan politics must first resign from their official duties.

In addition, Regulation 24 of the Civil Service Regulations deplores any political activity that interferes with the performance of one’s duties as a civil servant, saying doing so constitutes an offence.

But despite the two provisions, Chileka Banda did not resign before contesting for the position of director of youth at the MCP convention

His counterpart Jessie Kabwira, however, resigned as director of Malawi School of Government Kanengo Campus in Lilongwe before contesting for the post of MCP publicity secretary a fortnight ago.

PAC chairperson Joyce Chitsulo told Nation on Sunday that the committee will act on the matter.

“In the meantime, we are waiting for a legal opinion from Parliament’s Legal Section,” she said.

In a separate interview, Public Accounts Committee of Parliament chairperson Mark Botomani said Chileka Banda’s situation needs to be addressed as a matter of urgency.

He said his action borders on impunity.

Said Botomani: “Our laws ought to apply to everyone regardless of their party affiliation. Impunity must, therefore, not be condoned.”

Meanwhile, Forum for National Development last Wednesday wrote Parliament’s Legal Affairs Committee to summon Chileka Banda for flouting the law.

In the letter signed by its national coordinator Fryson Chodzi, the organisation claims that prior to approaching the committee, it first wrote Secretary to President and Cabinet Colleen Zamba and Chileka Banda.

Part of the letter reads: “However, despite this communication, no action has been taken by Ngora, necessitating our appeal to your esteemed office.

“The integrity of our public institutions and the trust placed in them by Malawians depend on their adherence to legal and ethical standards. We trust the committee will handle this matter with the urgency and seriousness it deserves.”

The letter further states that the organisation was compelled to move the parliamentary committee given the alleged violations.

It cites Section 60 (3) of the Constitution and Parliament Standing Order 159, which give the committee authority to summon any person or institution and produce any documents required for its deliberations.

Our efforts to speak to Zamba, Comptroller of Statutory Corporations Peter Simbani and Ngora board member Arthur Chingoka proved futile as their phones were out of reach on Friday.

But in a written response, Chileka Banda described the forum’s request as ill-conceived and misplaced because “there is no law that I flouted”.

“My work at Ngora is not compromised since I am not holding any political office. The Republican Constitution does not criminalise expression of interest. Additionally, Forum for National Development’s credibility must be questioned as their interest is politically motivated.

“First, the forum is illegally operating in Malawi as it is not registered with Ngora. Without it respecting the NGO Act and other laws, this could be a political organisation targeting individuals they deem political opponents,” he said.

Chileka Banda further said any reasonable justice process would dismiss the organisation as it is not working in the public interest.

Ngora was established as a statutory body by an Act of Parliament and its mandate is to register and regulate operations of NGOs in Malawi. It is under the Ministry of Gender, Community Development and Social Welfare.

Minister of Gender, Community Development and Social Welfare Jean Sendeza could not be reached for comment on Friday.