By The Forum
The High Court Civil Division on Tuesday dismissed a judicial review application obtained by former Electricity Supply Corporation of Malawi (ESCOM) chief executive officer Kamkwamba Kumwenda and former human resources and administration director Chrispin Banda, who were challenging their redeployment.
The two were seconded to public universities to serve as lecturers following the dissolution of parastatal boards.
In his ruling, High Court Judge Allan Mhuhome said the claimants had an “alternative and effective” remedy available at the Industrial Relations Court, which handles employment-related disputes.
Lawyer Bentry Nyondo, representing Kumwenda and Banda, had applied for judicial review against the government’s decision to second the two to other public institutions. He argued that ESCOM is not part of the civil service under the authority of the Chief Secretary and that the Chief Secretary therefore lacked powers to order their secondment.
However, Attorney General Frank Mbeta raised a preliminary objection, arguing that if the two had running employment contracts, the appropriate forum for redress was the Industrial Relations Court. He further submitted that ESCOM falls under the public service, which is headed by the Chief Secretary, giving him authority to make such decisions, especially at a time when parastatal boards had been dissolved.
Mbeta also told the court that Kumwenda failed to disclose that he was demanding payment of about MWK1.1 billion, representing the remainder of his contract.
In November, Chief Secretary Justin Saidi seconded Kumwenda to the Malawi University of Business and Applied Sciences, while Banda was sent to the Malawi School of Government.
Meanwhile, the High Court has dismissed an application to discharge leave for judicial review in a separate case involving the secondment of five senior Malawi Defence Force (MDF) officers, while maintaining a stay on the disputed decisions.
On Monday, Justice Kenyatta Nyirenda ruled that the application to discharge leave had been dismissed and ordered that the matter proceed to a substantive hearing in open court on January 16, 2026, at 9am.
The hearing had initially been scheduled for December 18, 2025, but was postponed pending the determination of the application to discharge leave.
The case dates back to November 2025, when five senior MDF officers sought permission to commence judicial review proceedings challenging their secondment to various state-owned enterprises. The officers argue that the decisions are unconstitutional, illegal and unreasonable, and are seeking an order restraining the government from implementing them.
The officers are Brigadier General Harold Benedictus Dzoole and Major Generals Francis Blessings Kakhuta Banda, Swithun Kondwani Mchungula, Chikunkha Harrison Elija Soko and Saiford Mandiza Kalisha.
Dzoole was seconded to Northern Region Water Board or EGENCO, Kakhuta Banda to the National Food Reserve Agency (NFRA), Mchungula to ESCOM, Soko to the Agricultural Development and Marketing Corporation (ADMARC), and Kalisha to either Blantyre Water Board or NOCMA.
Their secondment letters indicate a three-year term, subject to cancellation at any time, and state that the arrangements are governed by the Malawi Public Service Regulations relating to the secondment of public servants to statutory corporations and other organisations.
The court earlier granted the officers permission to proceed with judicial review and issued an interim order staying the contested decisions pending final determination of the matter.
—
Also Read: High Court stops redeployment of top police officers
Related: Lights out for ESCOM CEO amid Malawi’s worsening power crisis
Related: benches MBC, MACRA and NEEF Chiefs
