Title changes to some public offices as effected by President Peter Mutharika’s newly inaugurated administration have passed legal ‘tests’ with some lawyers stating that they are backed the law.
A statement from the Office of the President and Cabinet announcing changes, including partial Cabinet appointments on Sunday night showed that Mutharika has reverted to the title of Chief Secretary instead of Secretary to the President and Cabinet (SPC) while the title of Army Commander is now Chief of Defence.
But in an interview yesterday, renowned lawyers Khumbo Soko and John Gift Mwakhwawa said the change in such titles is guided by the General Interpretation Act.
Soko cited Section 33 of the Act which tackles the change in title of public office.
The section says whenever the title of any public office is changed, the President may, by order, direct that for the purposes of all written laws the title of the office shall be replaced by the new title from a date specified in the order.
It further says with effect from such date any reference in any written law to the former title of such office shall be read and construed as a reference to that office by such new title.
“So change of titles is allowed, provided the procedure under the law is followed,” Soko said in a WhatsApp response yesterday.
Asked to comment on the two title changes, Catholic University of Malawi dean of law James Kaphale said despite the changes, their duties are the same.
He said, for example, former minister Bright Msaka once served as chief secretary during the previous Democratic Progressive (DPP) administration.
“They just change the style, but the duties are the same,” he said in a phone interview.
Commenting on behalf of the governing Democratic Progressive Party (DPP), spokesperson Shadric Namalomba said there is no law that restricts the change of the title such as SPC to chief secretary.
“Secretary to the President and Cabinet seems limiting the title being responsible to the President and Cabinet only. But the office also works with secretaries,” he said.
On the change from Commander to Chief of Defence, Namalomba said the position holder still heads the MDF.
Mutharika, who was sworn in on October 4, won the September 16 elections under the DPP ticket, defeating Lazarus Chakwera who led Malawi Congress Party which was governing.
The title of Chief Secretary was first introduced by former president Bingu wa Mutharika during his first term between 2004 and 2009. However, the Malawi Congress Party administration under former president Lazarus Chakwera reverted to the SPC title in 2020.
