High Court Judge Edna Bodole has stopped Chief Secretary to the President and Cabinet Justin Saidi from seconding Director of Human Resources and Administration at Escom Chrispin Banda to a lecturing post at the Malawi School of Government (MSG).
In a letter dated November 17, 2025, Saidi seconded Banda to MSG citing “exigencies of service”.
However, Banda, through his lawyer Bentry Ignatious Nyondo, has obtained a stay of the secondment from the court.
The stay has been granted pending a judicial review of the legality of the decision.
Banda argues that, as he is not a civil servant, he could not be seconded to MSG to a lecturing post.
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Nyondo confirmed the development in an interview with The Daily Times on Thursday.
“The office of the Secretary to the Cabinet is a constitutional office and therefore requires the holder to observe fidelity to the rule of law.
“Certainly, the secretary should not be allowed to behave this way. In these proceedings, the court is being invited to determine whether the secretary can act in this manner,” Nyondo said.
The judge has directed the claimant to file the substantive judicial review application and serve it on the defendant within 14 days.
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In the secondment letter, Saidi advised Banda that he would remain an Escom employee.
“You shall continue to be paid all employment benefits and entitlements accordingly. This secondment shall be governed by the Malawi Public Service Regulations provisions relating to the secondment of civil servants to corporations and other organisations,” the letter read.
Recently, Escom Chief Executive Officer Kamkwamba Kumwenda also challenged his redeployment to a lecturing role at the Malawi University of Business and Applied Sciences. The High Court in Blantyre issued an injunction stopping the transfer, ruling that the matter requires judicial review, allowing Kumwenda to remain in his position at Escom while the case proceeds.
