Malawi Government and public healthcare workers have agreed to resolve out of court their dispute over President Peter Mutharika’s Executive order banning public sector medical practitioners from owning private clinics.
Court documents The Nation has seen show that the High court of Malawi approved on July 1 this year that the matter should be settled out-of-court within 60 days.
The President on February 16 2026 issued the Executive order that effectively bans public sector healthcare workers from owning, operating or holding shares in private clinics to improve service delivery. He gave them 30 days to comply or risk dismissal.
But on March 13, High Court Judge Howard Pemba granted three healthcare workers—Aubrey Milinda, Davie Kalulu and Wellington Chipofya—an injunction stopping implementation of that order.
Reads the fresh order that Judge Pemba issued on July 1: “All further proceedings in this matter, including but not limited to the filing of any further pleadings or the setting down of the matter for hearing, are hereby stayed pending the outcome of the settlement discussions or further order of this court.
“The parties shall conclude the settlement discussions within 60 days of the date of this orde.”
Pemba also directed that the March 13 injunction will remain in force, meaning that public health practitioners can continue operating or holding shares in private clinics.
In an interview yesterday, lawyer for the health workers William Chiwaya confirmed the development and said the Executive order remains suspended until matters are resolved.
On his part, AG Frank Mbeta said he needed to check an update on the matter before commenting.
Before this new order by Pemba, Chiwaya wrote Secretary for Health and Sanitation Dan Namarika on May 26, querying why the ministry was refusing to grant permission to a health worker (name withheld) who had applied to open a private clinic on the basis of the contested Executive order.
Healthcare workers, among others, argue that stopping them from operating private clinics or pharmacies infringes on their right to economic activities.
In the February 16 2026 order, the President also called for an end to soliciting of money from patients in public hospitals by some medics and barred public sector healthcare workers from owning or holding shares in a private clinic or pharmacy.
