By Pemphero Malimba:
The abrupt firing of four National Planning Commission (NPC) commissioners, including chairperson Professor Richard Mkandawire, just two years into their five-year term and without the approval of Parliament, has raised serious questions about whether the government has overstepped its mandate and violated provisions of the NPC Act.
The commissioners— Mkandawire, Mercy Masoo, Natasha Nsamala and Betty Chinyamunyamu—were dismissed on Tuesday night, leaving Standard Bank Chief Executive Officer Philip Madinga as the only surviving member of the previous board.
Chief Secretary to the Government Justin Saidi announced the sweeping changes on Tuesday, revealing the appointment of new directors for 66 State institutions, including the NPC.
Business tycoon Thom Mpinganjira has been named the new chairperson for the commission, with Madinga, Vera Zulu, Bright Theu and Reverend Chikondi Banda appointed as commissioners.
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The Secretary for Economic Planning and Development continues to serve as an ex-officio member of the board.
NPC, which was established under an Act of Parliament in 2017, is mandated to coordinate the formulation and implementation of Malawi’s long and medium-term development plans.
However, the composition and timing of the new appointments appear to contradict several explicit provisions of the NPC Act.
Commissioners who were appointed in 2023 were expected to serve until 2028 but were, instead, removed after just two years, far short of the five-year tenure stipulated by law.
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Furthermore, the law provides for limited and clearly defined grounds for the removal of commissioners.
The grounds include death, bankruptcy, criminal conviction, incapacitation or misconduct.
Even in such cases, the Act states that commissioners must be given an opportunity to be heard, and their removal must be confirmed by the Public Appointments Committee (Pac) of Parliament.
The Daily Times has established that the outgoing commissioners were neither informed of their dismissal nor given a chance to respond to the issue.
The Act also demands that at least half of the outgoing board be retained to ensure continuity and that a minimum of three women be appointed to the commission.
The newly constituted one woman, Zulu, and only one returning member, Madinga, raising concerns of non-compliance with both gender and continuity provisions. board, however, has only one woman, Zulu and only one returning member, Madinga, raising concerns of non-compliance with both gender and continuity provisions
Speaking yesterday, Mkandawire said he had not received any formal communication from the government.
“It’s very difficult to comment [on the issue] because I have not received any communication from the government [to the effect] that we have been replaced,” he said, adding that he was still waiting to understand the basis for the decision.
As at the close of business yesterday, Saidi had not responded to questions from The Daily Times, while Attorney General Frank Mbeta said he needed ample time to verify the legal position.
“I need time to verify,” Mbeta said.
Civil society representatives have since expressed alarm at the developments.
National Advocacy Platform Chairperson Benedicto Kondowe said the removal of commissioners whose mandates run until 2028 raises serious questions about adherence to the NPC Act and threatens the institution’s independence.
While acknowledging the competence of the newly appointed commissioners, Kondowe said legitimacy and continuity were crucial to the commission’s effectiveness.
“While the newly appointed commissioners are unquestionably capable and bring strong expertise, their success will depend on whether their appointment is consistent with the Act’s clear requirements on tenure and continuity.
“No matter their competence, the NPC cannot effectively drive Malawi’s long term development agenda if its governance appears unpredictable or at odds with the law,” Kondowe said.
The new board now awaits confirmation by Pac of Parliament.
