The appointment of a Malawi Energy Regulatory Authority (Mera) board has come under scrutiny, with various players arguing that government’s new appointments flout the Mera Act.
According to Article 5 of the Mera Act, under Subsection (1), the President shall appoint members of the authority and each appointment shall be subject to confirmation by the Public Appointments Committee (PAC) of Parliament while Article 7 provides that the tenure shall be three years.
legitimacy contest | Nation
It further states under Subsection (4) that in appointing members of the authority under Subsection (1), the President shall have regard to the need for continuity of service on the authority so that at least half of the members of the authority appointed thereunder shall be reappointed for the next term of office.
Under article 8(1) it reads: “A member of the authority shall not be removed from office except for reasons of incompetence or misconduct and only after due inquiry and subject to the approval of the Public Appointments Committee.”
Yesterday, PAC chairperson Felix Njawala said they have not received any list of appointees so far, as such “it will be inappropriate to comment based on a list circulating on social media”.
Some members of the outgoing board we have spoken to as well as legal experts, state that in the absence of PAC interviewing the new cohort, and where PAC has not held any disciplinary action against members of the fired board, decisions at Mera will be difficult to attain.
Said the source: “Mera is an authority, it doesn’t work like others. Normally, names are only made public after PAC has interviewed them. This time, we have a team that started working in May and are removed before they conclude their three years. Second, none has been disciplined by PAC.”
Private practice lawyer Benedicto Kondowe, who also chairs the National Advocacy Platform (NAP), said appointing a new board barely months after PAC-approved appointments, without reappointment for continuity and without PAC confirmation, appears to depart from the clear safeguards in the Mera Act.
He said: “This situation risks a legitimacy contest. While incumbents approved in May retain a strong legal footing until lawfully removed, parallel assertions of authority can lead to conflicting decisions, legal disputes and administrative confusion—none of which serve the public interest.”
Kondowe then urged government to halt reliance on unconfirmed appointments, respect tenure and continuity provisions and ensure any changes follow due inquiry and PAC approval.
Khwima Mchizi, another private practice lawyer, said the mess may have been created by an oversight from the appointing authorities.
He said: “The fact that the appointments can only be confirmed by the PAC means that as of now there’s no board of directors. But looking at the spirit of continuity in the relevant statute, one would be made to believe that the old board would still have the powers until the new board is confirmed.”
The previous board had Charles Kambauwa as chairperson, Tobias Chinkhwangwa as vice-chairperson while members included lawyer John Gift Mwakhwawa, Olivia Mchanju Liwewe, Bernadette Kalumo, Kettie Mkandawire and MacCider Katulukira.
