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Kalumo still on government payroll

Despite the High Court nullifying his appointment, government continues to pay salary and other benefits to Department of Immigration and Citizenship Services former director general Brigadier General Charles Kalumo (retired).

According to evidence Weekend Nation has gathered, the Department of Human Resource Management and Development (DHRMD) did not remove Kalumo from the government payroll despite the High Court’s order of June 6 2024.

Kalumo’s pay slips for the months of September, October and November, 2024 indicate government was still paying him his basic salary of K2 309 038 including, a monthly special allowance of K40 000.

Further, Kalumo has not returned to the department the official vehicle for the director general, a Toyota TX registration number BP 8949, raising eyebrows why he continues defying the court order.

DHRMD spokesperson Kennie Ntonga said the process of removing or inserting any officer on the payroll starts from the ministry, department and agency (MDA) concerned, not DHRMD.

“You may, therefore, wish to check with the responsible Ministry, which, in this case is Homeland Security,” he said.

However, when contacted both the Minister of Homeland Security Ezekiel Ching’oma and his Principal Secretary Steven Kayuniwere not available as they were reportedly attending meetings.

Chembezi: It’s contempt

Equally, the Office of the President and Cabinet (OPC) chief communications officer Robert Kalindiza said he was consulting on the matter and “I will come back to you.”

But Attorney General (AG) Thabo Chakaka-Nyirenda, who is government’s chief legal advisor, declined to comment on the matter.

Ministry of Justice spokesperson Frank Namangale, speaking on behalf of the AG, said: “We opt not to comment on the matter. In addition to respecting client/solicitor confidentiality, we are also mindful that this is a matter before the court, and we cannot afford any prejudice.”

The latest exposure comes after Kalumo, an ex-Malawi Defence Force (MDF) senior officer, earlier disregarded the court ruling and kept on working from home.

For instance, on June 11 2024, a week after the High Court order, Kalumo wrote Malawi Prisons Service (MPS) Commissioner General Masauko Wiskot, requesting him to transfer 226 Ethiopian nationals from Mzuzu and Mzimba Prisons to Maula Prison in Lilongwe pending their deportation. 

Wiskot heeded Kalumo’s request and the illegal Ethiopian immigrants were immediately released and eventually deported on June 18 2024 through Kamuzu International Airport.

Further, Weekend Nation saw a communication from Kalumo through the department’s Central Region Management WhatsApp Forum where he demanded situation reports from immigration formations.

According to the communication, dated June 19 2024 and June 21 2024, officers from Salima, Mchinji One Stop Border Post (OSBP) and Namizana/Msolo Crossing Point obeyed and shared their situation reports to him.

Kalumo neither picked up his phone nor respond to our WhatsApp messages when we tried to find out why he had not yet surrendered the official vehicle to the department.

Malawi Law Society (MLS) honorary secretary Gabriel Chembezi said since the High Court found Kalumo’s appointment non-consequential and of no effect as it was illegal and unconstitutional, if he is still enjoying the benefits of the office of DG, those responsible for implementing the judgement of the court would be in contempt of court, if they were duly served with the judgement.

He said: “The consequences of disregarding Court Orders may be committal to prison or payment of a fine.”

Commenting on the development, governance Catholic Commission for Justice and Peace acting national coordinator Lewis Msiyadungu described government’s handling of the Kalumo status as “very sad”, saying it shows Capital Hill’s lack of fiscal discipline to enable meaningful saving.

He observed that the taxpayers’ funds being spent on Kalumo monthly could have been put to better use.

“It’s a very sad development and shows lack of government’s seriousness when it talks about austerity measures.”

“Such instances validate the claims that Mr Kalumo was being favoured by high authorities in the government system. This needs to be acted upon by the Department of Human Resource Management and Development expeditiously,” said Msiyadungu.

Nyika Institute executive director Moses Mkandawire attributed the development to impunity by the controlling officers who continue to prepare Kalumo’s salary and other benefits, and also allowing him to cling to an official vehicle.

“This is part of the impunity which runs contrary to the principle of the rule of law and accountability. In other words it is contempt of the courts by him and any other person who supports his agenda.

“Actually, the impunity itself is a sign of disrespect to such institutions and anything that comes out of that process. Such acts are not only dangerous but also pose a risk to the growth and development of our young democracy and rule of law,” he stated.

Mkandawire argued that if Kalumo was unsatisfied with the court determination, the best route was to appeal.

The High Court in Blantyre invalidated Kalumo’s contract on June 6 2024, declaring that President Lazarus Chakwera contravened the relevant law by appointing him as director general in August 2022.

The court’s decision followed a 2022 judicial review application filed by immigration officer Chikhulupiliro Zidana, who queried the procedure Chakwera followed to appoint the retired soldier.

Following the verdict, Attorney General Thabo Chakaka-Nyirenda filed an application for an order of stay of the judgment at the Supreme Court of Appeal.

But Deputy Chief Justice Lovemore Chikopa who heard the matter in his chambers in Blantyre in July 2024 where Nyirenda justified his application reserved his ruling to suspend the judgement that nullified Kalumo’s appointment.

Although Kalumo’s appointment was annulled, legal experts Weekend Nation spoke to stated the decisions he made during his 22-month period as director general were binding.

They argued Kalumo was entitled to his privileges as stipulated in the conditions of service unless the court of law makes a fresh order on a different application specifically filed for such.

Kalumo started experiencing problems at the department in July 2023, when commissioner Stanlake Kalimanjira penned OPC on behalf of concerned employees levelling 15 administrative misconduct allegations against him.

The staff members wanted OPC to suspend the redeployment of 16 officers Kalumo effected pending an inquiry into his conduct.

They further alleged, among others, that Kalumo had unprocedurally been granting foreigners’ citizenship, suspending workers without following due process, using obscene language against officers and failing to find a sustainable solution to passport issuance services.

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