Electricity Supply Corporation of Malawi (Escom) chief executive officer Kamkwamba Kumwenda yesterday became the latest parastatal top executive to be redeployed, drawing calls for caution from labour law experts.
In a communication to Kumwenda, Chief Secretary to the Government Justin Saidi yesterday advised him that he was redeployed to the Malawi University of Business and Applied Sciences (Mubas) as a lecturer.
His redeployment comes barely nine months into his second three-year contract.
Reads the letter in part: “The secondment may be cancelled at any time before the expiry of the agreed secondment period if a need arises and upon agreement between the parties.
“The secondment shall be governed by the Malawi Public Service Regulations [MPSR], provisions related to the secondment of civil servants to the Corporation and other organisations.
Saidi further asked Kumwenda, who was appointed Escom CEO in February 2022, to hand over to director of projects and development Engineer Sinos Mallano.
When contacted yesterday, Kumwenda said he was yet to receive the secondment letter and would, therefore, not make any comment.
“I have just seen the same on social media. I haven’t received the letter and can’t comment further. I have a contract until 7th February 2028,” he said.
However, labour law experts have opined that if not properly handled such transfers and termination of contracts would amount to unfair labour practices and taxpayers may end up paying huge sums in compensations to the affected.
In a written response yesterday, private-practice lawyer Shepher Mumba said reorganisation or restructuring to achieve efficiency and productivity fall under the operational requirements.
He said he was of the view that when a new regime assumes office, the whole process of reorganisation and restructuring kicks in so that the party in government aligns its promises and undertakings to what is actually on the ground.
Said Mumba: “For those positions which are politically sensitive, there is need to terminate the contracts by mutual agreement. It is always a question of give and take!
“If not properly handled, these transfers and terminations would amount to unfair labour practices contrary to Section 31 of the Constitution and the government may end up paying huge sums in compensations to those who have been affected!”
Labour law expert Mauya Msuku said while there is no one-size-fit-all answer, such redeployments amount to constructive dismissals or unfair labour practices.
He said: “If someone wants to teach, they know academic institutions. Look, getting the same salary or benefits does not suffice because the environment, job description, level of making decisions, hierarchy and everything changes. All those things will be taken into account.”
Kumwenda’s redeployment follows on the heels of the termination of contract for Engineer Alfonso Chikuni, who was Principal Secretary (PS) for Energy under which Escom falls.
In an earlier interview, corporate law expert James Kaphale said many positions in public organisations including ministries, departments and agencies are based on political inclination.
On his part, Associate Professor of Political Science at the University of Malawi Boniface Dulani, said it was not surprising that dismissals and reassignments are happening because “those in power will claim that this is an attempt to have individuals in such critical positions who are aligned to the agenda of the new government”.
Two weeks ago, the new administration suspended heads of Malawi Broadcasting Corporation, Malawi Communications Regulatory Authority and National Economic Empowerment Fund besides reshuffling several PSs and firing others.
