Some public officers have come under the spotlight for engaging in active politics through their participation in primary elections ahead of the September 16 General Election.
Legal and governance pundits have since said active politicking is against the law and those involved should be sanctioned.
Notable names include Ministry of Education director of quality assurance Golden Msilimba, Ministry of Health director of health sector and intergovernmental coordination Amon Nkhata, Non-Governmental Organisations Regulatory Authority (Ngora) executive director Edward Chileka Banda and Office of the President and Cabinet (OPC) spokesperson Robert Kalindiza.
Section 193 of the Constitution says the National Assembly may prescribe a category of civil servants who, by reason of their seniority, shall not be able to directly participate in political activities provided that the civil servants so restricted shall have the right to resign in order to participate directly in political activities.
Further, Regulation 1:201 (24) of the Malawi Public Service Regulation says a civil servant is guilty of misconduct if he or she engages in any activity, political or otherwise, which interferes with their performance.
But in an interview yesterday, Msilimba said while the law bars civil servants from active politics, he was yet to submit papers to the Malawi Electoral Commission, as such he is not in active politics.
He said: “Much as I participated in the primary election, it was just intent, because I have not submitted my papers to the MEC [Malawi Electoral Commission] that I am contesting, and there are many others in the public service that have shown that intent.”
However, his explanation did not convince Catholic University of Malawi dean of law James Kaphale who argued that public servants who want to indulge in active politics are supposed to resign to avoid compromising their duties.
“There is a reason the law was put in place to allow them to resign from their positions and one of them is to avoid issues of conflict of interests between the employee and employer, which is the government,” he said.
National Advocacy Platform chairperson Benedicto Kondowe, a private practice lawyer, also said freedom of association should be exercised within the constitutional and regulatory framework designed to protect public interest and institutional neutrality.
Political Science Association spokesperson Mavuto Bamusi said OPC’s lack of willingness to discipline the politicking officers reflects hypocrisy and double standards as those involved are sympathisers of the governing Malawi Congress Party.
He said: “OPC and, especially, the SPC [Secretary to the President and Cabinet] must be held accountable for allowing such impunity.
“Ultimately, President Lazarus Chakwera must be held accountable because he is the head of the civil and public service.”
When contacted, SPC Colleen Zamba, after listening to the questions, asked for a questionnaire. However, she had not replied as we went to press at 9pm yesterday.
In 2018, former president Bingu wa Mutharika’s widow Callista, George Saonda and Chiza Mbekeani were fired from their public service jobs for allegedly engaging in active politics through their involvement with UTM Party.
