The High Court in Lilongwe has quashed a decision by Chief Secretary to the Government Justin Saidi to redeploy five senior Malawi Defence Force (MDF) officers to the civil service, describing the move as illegal and unconstitutional.
In his ruling delivered yesterday, High Court Judge Kenyatta Nyirenda said the authority to second defence officers is vested in the President and can only be exercised on the recommendation of the Defence Council.
“The Secretary to the President and Cabinet never had any powers that he purported to exercise in the secondment case,” reads part of the judgement.
Nyirenda faulted both the substance and procedure of the decision, noting that the affected officers were not consulted prior to their secondment, contrary to the law.
He declared the move ultra vires as per Section 161 of the Constitution and the Defence Force Act and also violated Section 43 of the Constitution and principles of natural justice.
“The claimants have succeeded in this action,” he ruled, granting declarations that the decisions were unconstitutional, illegal and unreasonable, and issuing orders quashing the redeployment and restraining the defendant from implementing it.
The court also ordered the defendant to bear the costs of the proceedings.
Speaking after the ruling, lawyer for the officers Allan Chinula welcomed the judgement, saying it effectively returns the officers to their positions in the MDF.
“All the orders they sought, including quashing the decision and prohibiting its enforcement, have been granted,” he said, adding that enforcement now rests with the MDF.
Attorney General Frank Mbeta said he needed time to study the 53-page judgement before commenting.
Government redeployed the officers in November last year to civilian institutions, a move that triggered public debate and prompted the officers to seek judicial review.
The officers are Major Generals Chikunkha Soko, Saiford Kalisha, Swithan Mchungula and Kakhuta Banda, as well as Brigadier General Harold Dzoole. They had been assigned as directors of security at the Electricity Supply Corporation of Malawi (Escom), National Oil Company of Malawi (Nocma), Agricultural Development and Marketing Corporation (Admarc) and Electricity Generation Company (Egenco).
Earlier, the Attorney General had challenged the judicial review, arguing that the officers’ running contracts with MDF made the matter one of private law.
However, on January 7 2026, Nyirenda dismissed the application with costs, allowing the judicial review to proceed.
