Mutharika’s Malawi parastatal boards appointment ‘illegal’ – report

The appointments which President Peter Mutharika made for  board members in the Parastatal organisations have been deemed “illegal” as the Head of State is said to have flouted statues by appointing more members to at least seven parastatal organisations than is required by the law, according to newspaper report.

Dzonzi: The b

Dzonzi:  Give way to new appointments

Legal experts argue that the Presidential goof invalidates the November 2014 boards appointments while Department of Statutory Corporation said it is rectifying the problem, Weekend Nation reported.

According to lawyer Justin Dzonzi an executive director of Blantyre-based think-tank Justice Link  that promotes access to justice ,  the appointments cannot be valid if the number of board administrators exceeds the number stipulated in the laws

He then advised the appointing authority to give way to new appointments that will comply with the respective acts

Economist Henry Kachaje argued that the board appointments that contradict legal framework guiding the operations of parastatal organisations compromises the board’s mandate to provide governance and oversight roles to the institutions.

Department of Statutory Corporation spokesperson, Flemmings Nyirenda,  told the paper that government and the department of statutory corporations are “ aware of the anomalies and (are) doing everything possible to rectify the problem.”

Parastatals which floated board membership include Roads Authority(RA),Malawi Communications Regulatory Authority (Macra),Malawi Broadcasting Corporation (MBC),National Commission for Science and technology (NCST),Malawi National council of Sports, Small Medium Enterprises Development institute (Smedi) and Pharmancy, medicines and Poisons Boards (PMPB).

Board members, who were last week undergoing training in corporate governance, are yet to start discharging their duties.

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28 thoughts on “Mutharika’s Malawi parastatal boards appointment ‘illegal’ – report”

  1. Fathi Alshehaab says:

    surely boarf sppointmrnts dhud not be more than5 cz you hav a managenent dtructure with technicrsts ofofessionslky trsined.simikarly no beed to hsve advudors equal to minidtries why? the PS & hus directors shud do this no eonfer amangikwrrs na fslimoto judt to burn fuel dend csrs ti friends gsrsges..its s mess…

  2. Mphwache says:

    The buck has to stop somewhere, advisors or no advisors the appointing authority is the president, and the buck stops here.

  3. name surname says:

    blah blah bah

  4. appointments should be based on all political parties not from dpp only zinthu sizingayende bwino mu maparastetalwo

  5. vin mongu says:

    if he had under-appointed it was going to be better but over-appointing is bad for our ailing economy. so what is the point of having advisers? leaders in malawi think they know it all. it is every where written. i always think we do not know where we want to take this country to. it all started with Kamuzu who wasted 35 good years with poor direction and we started gaining then he derailed himself. We have hope in SKC not in APM since ma professor a awa they seem not to know where they want to take this country to. Just see quality is in SKC’s team of advisors and trash is in APM’s team of advisors. This country is a failed state indeed.

  6. Masharubu says:

    Abale, enafe tatopa nazo za ma blunder a mkuluyu . Even his own election “victory” was a blunder .

  7. chatty man says:

    Is he really a professor of law? Who gave him kuti akhale professor?

  8. Imraan Sidik says:

    Joke of a professor

  9. william says:

    Nthawi zina udido okakamiza unakathela musiizi

  10. zandile says:

    Very sad for someone who is professor of law

  11. upile says:

    After all they are unnecessary cost to parastatals

  12. God Hear Me says:

    Whatever the case HE [APM] remains the appointing authority isn’t it?

  13. Zebron h banda says:

    But he is surrounded by advisers and,of course,he himself is proffessor at law.komanso.blunder after blunder.

  14. chechamba says:

    Journalists must also follow up on the illegality based on Joy v Macra which Ralph Kasambara successfuly won when Macra board cancelled joy tv license. All boards are illegal apart from a few ones which has well qualified appointees

  15. Jelbin mk says:

    Professor of law who doesn’t know what the law requires, we are in hot soup then.



  17. Chemtukanika says:

    Kuphunzira si kudziwa.Ndaonera professor.

  18. Je suis Charlie says:

    Can APM do anything right the first time? What kind of person ALWAYS commits a blunder and only gets things right when there is a public outcry? Even on such a simple thing as appropriate attire to put on when visiting flood victims? Does he ever consult? How many blunders does he expect to make in the remaining 4 years?

    Was APM really a law professor in the USA or a vendor?

  19. Patriot says:

    Kikikikiki koma akuluwanso kikikiki
    Hummm kusitsa ma Cabinet ministers.
    Nkukweza ma advisors, ma board members etc etc (chani chani. kikikiki)
    Barrack ndi iye amene amamuphunzitsa Law mkuluyu koma ata samavaa ata.

  20. Paulos Banda says:

    Komatu ndi Professor wa Law.

  21. mzimwale says:

    Voto la nepotism, mwana wa achimwene, mwana wa mbwiye, moya, akweni, nanga mapuya nawoso adye tawo chuma chakubachi zotsatila zake ndi izi

  22. joseph banda says:

    It is NOT APM but the REMAINING bad mangers in those institutions and ABOVE ALL THE PS and his TEAM at the Department of Statutory Corporations. I think Miss Nkhoma has a grudge against APM. FOR NOW LET THE PS FOR STATUTORY CORPORATIONS resigned or be dismissed for misleading the President

    1. Zikomankhani says:

      It is about APM – he can not sign off on anything without asking [and even checking] whether it is in line with the law. He took an oath which specifically mentions ‘…doing right to all manner of people according to law..’ He is supposed to check that he is following the law in whatever he does as President – otherwise why did he take the oath?

  23. NYAKWAWA says:

    Those of the opinion say Ai….!

    Those of the contrary view say ‘NO’

  24. Mphanda says:

    That’s the problem with appointments made by Ben Phiri a guy with no single Education in his head. I wonder then how he can follow procedure in such complex appointments. The only thing Ben Phiri knows is to Suck APM’s penis. And we have a stupid first lady who sees a GAY affair right in her eyes but she is from the village she can’t even notice as long as she travels on a convoy

  25. Mbukavu says:

    The errors go beyond numbers In some cases statutes specify composion of Boards but the statutory composition is not followed Instead precedence is given to political considerations

  26. Tembo says:

    To error is human, if the problem is being rectified fine and good, l beg to move, government don’t be too excited ok!

    1. Think Tank says:

      Tembo,i wonder if the same was done by JB you would have said the same. Iam sure things like “clueless,wamandas,wosaphunzira,zofunika sukulu “etc would have been the reasons behind the error. How we easily condem and give excuses carelessly beats me. This is very glaring case of appeasement and squeeze-in as many as possible of our friends etc and hope we are not noticed. Boardgate.

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