The High Court of Malawi has nullified President Peter Mutharika’s appointment of Chrissy Kamwachale as Nurses and Midwives Council of Malawi registrar and chief executive officer (CEO), branding the decision unlawful.
The judgement delivered in Blantyre on Tuesday followed an application by National Organisation of Nurses and Midwives of Malawi (Nonm) and Association of Malawian Midwives (Amami) for judicial review of Kamwachale’s April 30 2026 appointment.
Presiding Judge Edna Bodole delivered the judgement without a hearing after the President as the first defendant and Comptroller of Statutory Corporations as the second defendant failed to file their defence.
She said Kamwachale does not meet the required qualifications for the position, as such declared the appointment “void ab initio”.
Mutharika. | Nation
Said Bodole: “The defendants’ decision of April 30 2026 to appoint Chrissy Kamwachale as registrar and chief executive officer of Nurses and Midwives Council of Malawi is quashed, the same being ultra vires, unlawful, procedurally unfair and unreasonable.”
The judge also ruled that the President or any other person acting under their authority are “permanently restrained from implementing, giving effect to or acting upon the decision to appoint…”
In their application, Nonm and Amami argued that by law, the appointment of the council’s registrar and all top management is the mandate of its board. They held that any appointment that bypasses the board is against the law and that by law, the government and the President cannot appoint the registrar except through the board.
Amami and Nonm lawyer Mauya Msuku said in an interview on Wednesday that they expect the council’s board to make the lawful appointment.
On his part, Amami president Keith Lipato said they were pleased with the judgement, adding that it is their responsibility to guide government on matters related to the nursing and midwifery professions.
“Our expectation now is that the Nurses and Midwives Council board will advertise the position and recruit the registrar following the criteria laid in the Nurses and Midwives Act,” he said.
The council’s board chairperson Angella Chiotcha said in an interview yesterday that they will await guidance from the Comptroller of Statutory Corporations who approves the advert for recruitment.
On Wednesday, Comptroller of Statutory Corporations Stuart Ligomeka referred us to Minister of Information and Communications Technology Shadric Namalomba who was yet to respond by press time.
On the other hand, Attorney General Frank Mbeta asked for more time to consult before commenting on the matter.
Before obtaining the injunction blocking Kamwachale’s appointment, Nonm and Amami issued a joint protest petition dated May 18 2026 and addressed to the Comptroller of Statutory Corporations, saying the registrar and CEO should be one conversant with several disciplines.
