By Edwin Mauluka

The High Court in Blantyre has granted an injunction to Electricity Supply Corporation of Malawi (ESCOM) chief executive Kamkwamba Kumwenda, temporarily halting his redeployment to the Malawi University of Business and Applied Sciences (MUBAS).

Kumwenda was relieved of his duties as ESCOM CEO in November and reassigned to MUBAS as a lecturer. He challenged the move, arguing it was unlawful, and asked the court to review the legality of the Government’s decision.

In its ruling, the High Court restrained the Government from enforcing the transfer until the judicial review is heard and determined. The order allows Kumwenda to return to ESCOM and continue leading the power utility in the meantime.

According to a secondment letter issued by the Chief Secretary, Kumwenda would have remained an ESCOM employee with full benefits, while Engineer Sinos Mallano, the utility’s Director of Projects and Development, was named as acting head.

The injunction adds to two similar orders granted in November by the High Court in Lilongwe, which stopped the redeployment of five senior Malawi Police Service officers and five senior Malawi Defence Force officers to various public institutions.

In a related case, Higher Education Students Loans and Grants Board (HESLGB) Executive Director Prince Phwetekere rejected a posting to Domasi College of Education, saying he has an active five-year contract and ceased to be a civil servant in February 2023 following voluntary retirement. He argued the reassignment was inconsistent with legal provisions governing his position and the HESLGB.

Since returning to power in October, the Democratic Progressive Party (DPP) administration has been reshuffling key personnel across the civil service and parastatal organisations. Chief Secretary Justin Saidi has defended the changes, saying officers in parastatal bodies are public officers who may be reassigned within the public service.

Recent reassignments include Lilongwe Water Board CEO Silli Mbewe, seconded to the Malawi College of Accountancy; Central Region Water Board CEO Robert Hanjahanja, posted to MUBAS; and Northern Region Water Board CEO Francis Munthali, transferred to Mzuzu University (MZUNI). All were deployed as lecturers under their existing contracts.

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