MALAWI HIGH COURT STOPS GOVERNMENT MOVE TO SEND SOLDIERS TO CIVILIAN POSTS
The High Court has ruled that the Government acted illegally when it redeployed senior officers from the Malawi Defence Force (MDF) to work in civilian institutions such as ESCOM, NOCMA, ADMARC, and EGENCO.
The case was brought by Major Generals Chikunkha Soko, Saiford Kalisha, Swithun Mchungula, Francis Kakhuta Banda, and Brigadier General Harold Dzoole, who challenged the decision by the Secretary to the President and Cabinet (SPC).
The officers argued that the SPC did not have the legal authority to move them from military duties to civilian roles.
WHAT GOVERNMENT ARGUED
Government lawyers told the court that the issue was an employment matter and should not have been brought under judicial review.
They said the SPC, as head of the public service, had the mandate to make such decisions.
WHAT THE COURT SAID
The court disagreed.
High Court Judge Kenyatta Nyirenda found that:
✅ The SPC used powers he does not have under the Constitution, the Defence Force Act, and the Public Service Act.
✅ Because this was a decision made by a public office using public law, it can be reviewed by the High Court.
✅ Government failed to prove that the officers had another remedy outside the court process.
ON THE DEPLOYMENTS
The court also stressed that moving public officers must follow the law.
Redeployments must consider not only government needs but also factors such as: effectiveness of the officer, suitability of the job, and job satisfaction.
The court found these requirements were not properly followed.
WHAT IT MEANS
The ruling means the secondment of the military officers to civilian institutions cannot stand.
Legal analysts say the judgment is important because it clearly defines the limits of administrative power and confirms that decisions of senior government officials can be challenged in court.
Source: Zodiak online