Former Electricity Supply Corporation of Malawi (Escom) chief executive officer Kamkwamba Kumwenda and former human resources and administration director Chrispin Banda have challenged the powers of Secretary to the Government to remove them from their positions.
Chief Secretary Justin Saidi in November last year seconded Kumwenda to Malawi University of Business and Applied Sciences and Banda to Malawi School of Government as lecturers, a decision that forced the two to seek a judicial review.
Kumwenda. | Nation
The case continued before High Court Judge Allan Hans Muhome in Blantyre yesterday when Attorney General Frank Mbeta made oral submissions asking the court to discharge the judicial review order.
Through their lawyer Bentry Nyondo of Ritz Attorneys at Law, Kumwenda and Banda argue that the Chief Secretary breached their contracts, adding that he does not have the powers to make such a decision.
They said Escom being a parastatal, does not fall under the civil service headed by the Chief Secretary; hence, he could not make such a decision, but Escom board.
Said Nyondo in an interview: “My clients want the court to interpret if the letter from the Secretary to Cabinet sending them to lecturing is within the law considering that they are not civil servants.
“Apart from that the Malawi School of Government and Malawi University of Business and Applied Sciences are not part of the civil service headed by the Secretary to the Cabinet.”
But Mbeta said public service includes civil servants and those working in institutions owned by government, including Escom.
He also told the court that the decision to second the two was made at a time when parastatals’ boards were dissolved, which gave the Chief Secretary legal powers to make decisions.
The AG wants the court to dismiss the judicial review, saying Kumwenda did not disclose to the court that he had written government demanding that he be paid K1.1 billion for the remainder of his contract.
According to him, the demand is an indication that Kumwenda has an alternative remedy.
Secondly, he said since Kumwenda and Banda say their contracts were breached, they should take the matter to the Industrial Relations Court which deals with employment matters.
Judge Muhome is expected to make his ruling today.
