Mithi challenges interdiction over social media posts

Mzuzu-based social media influencer and civil servant Julius Mithi has challenged the Account General’s decision to suspend him from duty over his social media posts deemed critical of government and is seeking court redress.

Mithi, who was interdicted last month for writing on social media platforms allegedly castigating government and other senior government officials, works as a senior accounts assistant at the Regional Irrigation and Water Development Office in the Northern Region.

In a letter dated November 25 2022, Accountant General Henry Mphasa accused Mithi of making “unfounded, impolite and discourteous castigations”.

Reads the letter in part: “I write to inform you that these allegations constitute a serious act of misconduct in terms of the Malawi Public Service Regulations.

“In view of this and in accordance with the Malawi Public Service Commission regulations 42 (3) as read by regulation 40, I am prohibiting you from exercising the powers and functions of your office as Senior Accounts Assistant (Grade L) with pay with immediate effect.”

Mphasa further ordered Mithi to cease to exercise any power and functions in the civil service and not leave Malawi without written permission from the Accountant General’s office.

“Please note that the interdiction order shall remain in force until you are cleared on the charges levelled against you or a decision is reached by the government. This interdiction is intended to pave the way for investigation into allegations levelled against you,” he said.

But responding to the letter, Mithi through lawyer Davie Lameck requested the Accountant General to immediately lift the interdiction order as it breaches his constitutional right to freedoms and opinion, expression and political rights as enshrined under sections 14, 35 and 40, respectively, of the constitution.

He said: “Your accusations are void ab initio per Section 5 of the Constitution. It constitutes unfair labour practice and violets his rights to be heard.

“We wish to put it on record that since you have not thus provided particulars of the allegations against our client, it reasonably means that the said particulars do not exist and any later production of particulars will reasonably be taken as manufacturing of evidence.”

The lawyer also reminded the government that civil servants are not excluded in all the provisions of the Constitution.