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Court saves 3 demoted district commissioners

Magwira: Among those tasked to  investigate the conflict
Magwira: Among those tasked to
investigate the conflict

The High Court in Blantyre on Friday granted an injunction to three district commissioners (DCs) stopping government from demoting them.

The three DCs are James Manyetera of Chiladzulu, Memory Kaleso of Neno and Reinhard Chavula-Kavita of Machinga.

The trio’s move comes after their employer—the Ministry of Local Government and Rural Development—recently nullified the promotion of 15 DCs, including the three, and administration officers.

The ministry—under the Joyce Banda administration—effected the officers’ promotions on April 8 2014.

But under the Peter Mutharika regime, the ministry now argues that the posts to which the DCs were promoted do not exist as there was no establishment warrant (EW).

The ministry also says the positions are not supported by any budget, according to a letter to one of the demoted DCs that The Nation has seen.

But on Friday, Justice Sylvester Kalembera granted an ex-parte injunction to the three DCs through their lawyer Ambukire Salimu.

In an interview soon after obtaining the injunction, Salimu said the decision means that the court effectively nullified government’s decision pending an inter-parte hearing on August 25.

Apart from Manyetera, Kaleso and Chavula-Kavita, the other demoted  DCs include James Kanyangalazi of Nkhotakota; the Reverend Moses Chimphepo of Salima and Jack Ngulube of Mulanje.

DCs promotions—envisaged as crucial to deepening Malawi’s decentralisation—have over the past few years brought conflicts that have gnawed at the fabric of the Ministry of Local Government and Rural Development.

At some point in 2012, the conflicts culminated into DCs, with support from two directors at the ministry, petitioning then president Banda over what they said were their delayed promotions.

Alarmed by the potential negative effects of the wrangles, the Office of the President and Cabinet (OPC) set up a three-man task force to investigate matters surrounding the alleged promotion delays, allegations of management lapses at the Ministry of Local Government and Rural Development and in all councils.

The team comprised then principal secretary (PS) for University Development Dr. McPhail Magwira, PS for the Civil Service Commission Dickson Chunga and Harry Chabinga, director of finance for the Malawi Defence Force. The outcome of that investigation was never made public.

In pushing for their promotions, the DCs based their arguments on the

2004 Functional Review carried out by the Department of Human Resource Management and Development (DHRM&D), which recommended the upgrading of the council chiefs from P5 to P4 and P3 grades.

OPC endorsed the functional review in 2005 as evidenced by a letter reference number DHRMD/MSD/LG/002/108 dated 22 September 2005 that we have seen.

But since then, Treasury had refused to issue establishment warrants(EWs) apparently because government had no money to cater for raised perks coming with promotions. Without an EW, no promotion can be effected in the public service.

In a bid to ensure this was done, DHRM&D negotiated that they, not Treasury, should issue EWs. This has been happening since 2009 and helped to install DCs to the new grades.

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