By Daniel Zimba:
The High Court Civil Division in Blantyre is expected to deliver a ruling today in a case in which the Attorney General is challenging the judicial review sought by two former Electricity Supply Corporation of Malawi (Escom) senior officers.
Chief Executive Officer Kamkwamba Kumwenda and Director of Human Resources and Administration Chrispin Banda are contesting the government’s decision to remove them from their positions.
They were assigned to lecturing roles at the Malawi University of Business and Applied Sciences (Mubas) and the Malawi School of Government (MSG) respectively.
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Monday, High Court Judge Allan Muhome heard oral submissions from both sides.
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Attorney General Frank Mbeta, representing the government, argued that Kumwenda initially failed to disclose a material fact to the court and that the judicial review had been sought in the wrong forum.
“He did not tell the court that he had requested payment for the remainder of his contract and even quantified the amount. Ordinarily under judicial review, that indicates an alternative remedy exists and the court should not entertain the case,” Mbeta said.
He added that Kumwenda sought a K1.1 billion settlement for the remaining part of his contract while simultaneously seeking a judicial review of his secondment order, a contradiction that should legally disqualify the application.
The Attorney General also said that although Escom, Mubas and MSG are not part of the civil service, they are government-owned entities operating under the supervision of the Chief Secretary to the Office of the President and Cabinet.
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He said this meant the Chief Secretary acted within his authority in issuing the secondment orders.
The former employees’ lawyer, Bentry Nyondo of Ritz Attorneys at Law, maintained that Escom does not fall under the civil service or the Chief Secretary’s purview.
Therefore, the Chief Secretary lacked authority to second his clients to lecturing roles at public institutions, Nyondo said.
He also argued that the contract compensation letter, presented by the Attorney General as evidence against Kumwenda and Banda, was not admissible.
“We filed a preliminary objection to the Attorney General’s reference to the communication with the Secretary to the Cabinet on a without-prejudice basis. The rule is clear: if a written communication is made on a without-prejudice basis, it cannot be used as evidence in a judicial review,” Nyondo said.
Earlier this month, the court reinstated Banda, who had been seconded to the Malawi School of Government in November 2025, just days after reinstating Kumwenda on December 24, 2025.
