Reading:Analysis: FND and Parliament are wrong to accuse Chileka Banda of “getting involved in politics while serving as a public servant” – Malawi Nyasa Times
Analysis: FND and Parliament are wrong to accuse Chileka Banda of “getting involved in politics while serving as a public servant” – Malawi Nyasa Times
Parliament’s Public Appointments Committee (PAC) and the Forum for National Development (FND) are pushing for the censure of the Chief Executive Officer of the Non-Governmental Organisations Regulatory Authority (Ngora), Edward Chileka Banda, for allegedly ‘engaging in political activities while serving as a public servant.’ However, Chileka Banda, who recently contested for the post of Director of Youth Affairs at the Malawi Congress Party (MCP) convention, has questioned their stance, saying he has not violated any law that merits his censure.
But what is the legal position?
Exit Banda
Article 193(2)(a) of the Republic’s Constitution provides that a public servant who wishes to participate in party politics must first resign from his or her public office.
In addition, Article 24 of the Civil Service Ordinance condemns any political activity that interferes with the performance of duties by civil servants and states that such activity constitutes a crime.
Those who are agitating for the condemnation of Chileka Banda are taking advantage of these two provisions and in their wisdom (if it is wisdom) they have concluded that the Ngora boss has done something wrong and must be summoned.
However, first one must understand the difference between a civil servant and a public servant.
In the 2014 case involving Jessie Kabwila and the Malawi Electoral Commission (MEC), High Court Justice Dunstan Mwaungulu noted that “Dr Kabwila, as a public servant, is not bound by section 193 (3) of the Constitution as her duties are not directly related to the formulation and administration of government policy.”
It is clear from this ruling that civil servants are free to participate in elections for any political party and are not allowed to resign before the election. The High Court stated that civil servants are different from public servants. Public servants do not participate in policies or policy making. This is what a public servant is supposed to do. His public servants must abide by these principles as long as they do not get involved in politics in their work.
Kabwira was able to represent the Salima North West constituency in the 2014 elections due to a High Court order.
Ngora is a statutory body established by an Act of Parliament to register and regulate the operations of non-governmental organizations in Malawi. It is like the University of Malawi (Unima) where Kabwira worked before he was stopped by the MEC after submitting his nomination papers in 2014.
So, is there any problem with Chileca Banda attending the MCP conference?
Interestingly, Kabwela was a civil servant at the Government College of Malawi (another statutory body) when she contested for the post of Publicity Secretary at the recent Maharashtra Communist Party Congress. She resigned only after she won the post.
One cannot help but wonder whether the FND and other agitators have read the law in its entirety before raising concerns about Chileka Banda.
