Kalemba entitled to K11mil annual salary as CoP: 8 were interviewed; Mutharika wanted ‘gender diversity’

A court tussle on  whether newly appointed Clerk of Parliament Fiona Kalemba should take oath of office or not after emerging third in Parliamentary Service Commission (PSC) interviews has been completed with Mzuzu High Court Judge Dingiswayo Madise ruling that the President did not error in appointing her and she will now be eligible for an initial salary of MK11, 926,404.00 per annum.

Fiona Kalemba: New Clerk of Parliament  to take oath of office

Fiona Kalemba: New Clerk of Parliament to take oath of office

According to Speaker Richard Msowoya, who us also PSC chair, Kalemba will be eligible for an initial salary of MK11, 926,404.00 per annum in the MK11, 926,404.00 – MK15, 225,264.00 salary scale segment, which she will commence to draw with effect from the date of her appointment – November 4, 2015.

Msowoya indicated that the CoP carries “other benefits “ applicable to a post at that level in the Parliamentary Service.

He also stated that salary incremental date is 1 December of every year.

Four parliamentarians Enoch Chihana, Kamlepo Kalua, Peter Chakhwantha and Harry Mkandawire obtained an injunction in November last year against Kalemba’s swearing in as CoP because she came third in the interviews.

The four parliamentarians accused President Peter Mutharika of unfairness for not appointing Justice Charles Mkandawire who they claimed had the highest scores.

In his ruling Judge Madise declared that President Mutharika did not error when he appointed Kalemba who was shortlisted for interviews amongst eight candidates who included Arthur Nanthulu, Jabber Alide, Justice Charles Mkandawire, David Bandawe, Grace Malera, Lt. Col. Prof. Dan Kuwali and Ernest Makawa.

The results of the interviews indicated Justice Mkandawire came first with 89% followed by Grace Malera 83% and Kalemba 80%.

In his 22 paged ruling Judge Madise said the expected moral duty was to recommend three names to Mutharika out of which the President made choice as the appointing authority mandated by section 89(1) of the constitution.

Madise faulted the PSC earlier decision to send only the name of Justice Charles Mkandawire to Mutharika for approval after which the President asked for three names

“If the President were gagged to appoint a recommended name, that would reduce his powers to mere rubber stamping and thereby removing the power

Of the executive branch to check on the other branches of government,” said Madise.

He stated: “Reverse or positive discrimination is allowed under the law in this country and internationally. “

Judge Madise said if the four MPs want merit to prevail in such appointments then they should push for amendment of section 16 of the Parliamentary Service Act, clearly defining how this should be done.

“I’m of the view that the frames of the law deliberately singled out the CoP to be appointed by the President as a check and balance on the institution of Parliament.

“Relevant considerations are allowed to be taken in to account when making a presidential appointment. These range from gender, disability and the empowerment of minority groups among many,” said Madise in his ruling.

This ruling by Judge Madise means that Fiona Kalemba can now be sworn in as the new Clerk of Parliament, replacing Roosevelt Gondwe who retired.

Soon after the ruling, lawyer for the MPs, Wesley Mwafulilwa of John and Tennyson said he will discuss with his clients if they should appeal.

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36 thoughts on “Kalemba entitled to K11mil annual salary as CoP: 8 were interviewed; Mutharika wanted ‘gender diversity’”

  1. Mambwiye says:

    Thus why God does not want this grouping of Tumbunyas to be apresident..imagine atumbuka okhaokha kukatenga chiletso kkkkk Machende anu ndithu ….

  2. chinkombaleza gumanyundo gowa says:

    You can become number one but if God has not approved then you cant take the post. Not all people considered successful for the post are picked. Secondly passing during interviews is another thing and being picked is another thing. Mukuumirira bwanji? mumafuna muzikaba.

  3. MSUNDUZWAYO MODISE says:

    SILLY RULING FROM A STUPID JUDGE. WHY DID THEY HAVE AN INTERVIEW? WHY DIDN’T THEY JUST SUBMIT SHORTLISTED NAMES AND LET THE PRESIDENT CHOOSE. IF THE PRESIDENT WANTED GENDER BALANCE WHY DIDN’T HE APPOINT GRACE MALERA WHO CAME SECOND????? SOMETHING FISHY HERE

  4. mbewe says:

    bor ne of contention all are within range of 80%. range of intelligence why making fuss you people.
    .The difference in marks is small to warrant ridiculing person. Its constitution mandate of committee to present three names to the president to chose from. why was it an issue. These politics of self proclaimed first class lesser intelligent politicians who fail to understand their constitution what it stipulates. Can these politicians be entrusted in running affairs of the country? Not at all.

  5. nachisale says:

    Bravo President Mutharika – I salute you for promoting women and supporting gender equality. If there is one thing that I like about the ‘Mutharikas’ it is their willingness to promote gender equality. Women deserve to 50:50 representation in Malawi and lets do it and be one of the shining examples in Africa.

    1. Zidura Ntengo Undigwere says:

      Positive that many Malawians would concur with your view.

  6. SAM K WA B4WD says:

    Ma civil servants enafe boma litiganazire pa nkhani ya ndalama.tikulandira ma change.ndalama imeneyi enafe tidzayigwira after 20 years.

  7. Kapida says:

    Shaaa mwati 22 paged ruling

  8. Sapitwa says:

    Mr Msowoya was aware that he was supposed to send three names to the President. He was taking chances by testing waters thinking that the President would not question this; that he would just rubber stamp for the Speaker’s home boy. If so, what makes us stop thinking that the Speaker might have smuggled the questionnaire to advantage his beloved homeboy? And after questioning and appointing another candidate to the best interest of the President, some mischievous MPs teamed up to support the Speaker and filed a law suit there in kukaya hoping that their fellow homeboy judge would judge in their favour. Now they know that the President is not as stupid as they thought. They have shown their foolishness and the President has a last good laugh

  9. Redeemed says:

    In a perfect world, the most deserving candidates should be appointed on critical posts, and appropriately remunerated, however we live in the opposite one, hence so many inconsistences.
    The most unfortunate aspect of these malpractices is that, the organization is what suffers most, hence we are in this dire condition as a nation.

    1. Nyani wa ku Mwananyani says:

      …so in an imperfect world, as it is, the best answers may be the correct ones, but there are other factors to consider. Right? Right.
      Fair, not necessarily equal, representation is de rigeur these days. Saluting APM for considering diversity baasi. Asa.
      Nao azimai azikhala pampando wonona. Poti tili mu 2016 sopano. (We want women also to strut their stuff (knowledge), and role model for younger ones. After all, this is 2016)

  10. Advisory Committee says:

    Koma salary yo ifunika review it is too small for the position kapena popeza zina zi mabenefits simunanene koma truly speaking the salary talked about here is peanuts for the position

  11. advisory Committee says:

    Chilungamo sichiyende bwino apa Bamba Mkandawire amene anachita bwino pa ma interview talawakwira zedi ndipo Judge Madise wasokoneza mlandu

  12. Jah says:

    From my understanding the president is supposed to pick from the three not the first in interviews. Wats the point of submitting 3 names?

  13. Sapitwa says:

    So you mean Msowoya did not know that he had to send three names for the President to choose from? If so, does he qualify to be the Speaker if he fails to know what he is supposed to do? Perhaps he knew and was just taking chances thinking that the President would rubberstamp for his homeboy. Shame mr Speaker, it doesn’t work like that.Now if this Northerner Speaker sent one name of his fellow Northerner, what can stop us to conclude that the questionnaire was smuggled to his homeboy favoure candidate to spare him a more advantage than his fellow interviewees? Anyway, the President is not as stupid as this Speaker and his homeboy MPs thought. The President has the last good laugh fooling these men.

  14. sammy chagamba says:

    Mzeru palibe kwa amene mukuhauka pankhanii bwanji? kodi commitee ngati inapatsidwa mphamvu zosankha CoP,nde amaenera kupititsanso dzinalo kwa President why? malamulo akuti commitee ichite propose maina atatu and out of them president asankhepo posatengera who came first in the interviews chifukwa it is the President’s prerogative to appoint a CoP. Besides, speaker wapanga ndale zake kuti watsogolayo atsogole,and is that what you call merit????? kupusa eeti????

  15. paul says:

    Ma civil servants muganizira ku onjeza ma salary increase chifukwa kwacha ya agwa kwambiri tifuna 100% salary increase abweza a devaluation,

  16. Advisory Committe says:

    Chilungamo pa nkhani imeneyi sichinayende bwino chakhota kwabasi Mzuzu Court bwanji??????????????????

  17. nafakale6 says:

    Congratulations Fiona Sakanda-Kalemba. Either you or Grace could have made great candidates. I am glad its one of you. We will support you and god bless.

  18. nafakale says:

    What is the point about bringing in the the salary of the COP in this story?

  19. mtochi says:

    No news here. CHAKWERA 2019 BOMA

  20. Let Us Pray says:

    Parliamentarians, next time just pick 3 amongst yourselves and the President should choose one. Don’t even bother and waste time to interview them. If the President doesn’t pick one, get another set of 3 from anywhere and give the President to choose one and you can probably think of anyone you feel can be part of the 3 and so on. Thus my understanding of the process/law you are dealing with.

  21. Wow! says:

    Salaryyo kuika pa chaka kuti ikhale ngati yambili. K916,000 per month. CoP. Koma boma la Malawi, mpake anthu amangoba. Si allowance you fuel imeneyo

  22. Paka Bush says:

    Hahahahahahaha… Anyithu mwapwetekanatu apa! Nchifukwa chake timati ndi zovuta kuti wina wa inu akhale President….Nanga choncho? Fiona tola thumba ndi lako basi!

  23. Alex Likoswe says:

    If I were Kalemba I would not take it because I came third. Deep down knowing that I did not merit it.

  24. Geoffrey Lwanja says:

    This must be water under bridge now.Let us talk about real issues holding the detiny of Malawians like assisting those lacking fees in Universities and the gay issue.

  25. The Lawyer says:

    Great judgment by the learned justice. Poor reporting by nyasatimes why disclose names of the other interviewees. Thanks to your professionalism now their employers know they want to leave. Do you know what effect this has on employer-employeee relationships?

  26. Kabwerebwere says:

    Why going for number 3 whilst 1 and 2 were known? There’s something here………

  27. Mirriam Chinguwo says:

    Congrats Kalemba

  28. kk says:

    Wakwithu syndrome. Hw many times have you mbwenu x 2 been employing each other without interviews. This is not news at all. After all she got 80%. Pitani mukakolope Nyanja.

    1. Nsonda says:

      And all number 1, 2, & 3 were in the range of 80s. No interviewee, even the touted Mkandawire, scored 90. By just looking at these scores, I don’t see any difference between these three interviewees. If it were on a transcript, we would put it this way: 80-89: B+

  29. Zidura Ntengo Undigwere says:

    No appeal is needed; nor is one necessary here.
    Let Ms. Kalemba now show her mettle – that she can really fill the Speaker’s shoes.

  30. Chemuyaya says:

    it was wise not to hold interviews because he had someone in mind already. Its unfortunate this comes from the highest office.

  31. Patriot says:

    Next time musazataye nthawi yanu ndi ma intaview opanda ntchito.
    Misonkho yathu si yoseweretsa.

  32. 2016 welcome says:

    Whether procedures were followed or not I just see some positions in Malawi are too much respected/entitled to hefty packages against the fact that this is a country that is eluded by good leadership at all levels. I mean what can just the gaping differences in salaries in the government systems? Functionality, how more important is this job than teaching which is least regarded?

  33. Malawian!!! says:

    Shame, Chihana has goofed!!!!!!

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