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.
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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Thus why God does not want this grouping of Tumbunyas to be apresident..imagine atumbuka okhaokha kukatenga chiletso kkkkk Machende anu ndithu ….
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.
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
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.
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.
Positive that many Malawians would concur with your view.
Ma civil servants enafe boma litiganazire pa nkhani ya ndalama.tikulandira ma change.ndalama imeneyi enafe tidzayigwira after 20 years.
Shaaa mwati 22 paged ruling
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… Read more »
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.
…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)
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