Ex-PS suing Malawi govt for K1 billion in compensation

December 17, 2014 Nyasa Times Reporter 132 Comments

Former Principal Secretary in the Ministry of Local Government and Rural Development, Christopher Makileni is suing the Malawi Government for “constructive dismissal” and is claiming MK 1.1 billion in compensation and other benefits for the remaining period of his service.

Ndilowe (right) reportedly told Makileni she was under Mutharika;s order to 'constructively dismiss' him
Ndilowe (right) reportedly told Makileni she was under Mutharika;s order to ‘constructively dismiss’ him

In a letter of demand from his lawyers, Ralph and Arnold to the Attorney General, Makileni argues that he was posted away from the Ministry of Local Government and Rural Development to the Office of the President and Cabinet on 3rd June, 2014 by the then Chief Secretary to the Public Service, Hawa Ndilowe.

According to the lawyers, the former Chief Secretary told Makileni that she was under strict instructions from President Peter Muthalika that he should be posted to OPC Special Duties.

He was further told to wait at home while the OPC was making some logistical and administrative arrangements for him. In the process, the OPC snatched his official vehicle a Toyota Prado TX such that he has been surviving on his personal transport resources

Seven months down the line, he is just hibernating at home. On this basis, Makileni is convinced beyond reasonable doubt that Government does not want to work with him and has as such constructively dismissed him.

Constructive dismissal is a term used in Employment Law. It occurs when an employee terminates employment because their employer’s behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to quit. Since the termination was not truly voluntary, it is in effect a dismissal.

In the year 2004, while working with the office of the Vice President, the previous DPP Government arrested. Makileni on trumped up charges, he was acquitted by the Lilongwe Chief Resident Magistrate Court in 2007 and was paid compensation of MK 36 million. He is likely to be compensated again this time around.

Makileni was brought to the Ministry of Local Government on promotion by the Peoples Party administration. His two year stay turned tables upside down as he championed the promotion of staff working in local councils.

Morale has gone down in the councils as the current management is fighting to bring down all the good things he planned for council employees. It is on record that some 15 District Commissioners fate remains in limbo since the nullification of their promotions.

Most senior council employees are now looking at alternative avenues as the future in the Ministry of Local Government looks gloomy.

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132 replies on “Ex-PS suing Malawi govt for K1 billion in compensation”

  5. Kodi a Tilile munthu mukumunyiza oiri akufuna zake? Inu zikuku khudzani pati? Pantumbo panu mwamva. Panyuni pa manu mukamuwuzenso. Dont fight issues that dont concern you

  6. Tilire ndiwe tililedi. Iwe ndiye ndiwe wosamba? Kunyasa ngati kumatako!!! Uliladi nzako atalandila. Uphurika

  9. Labour issue its labor issue. Ena mukuwoneka muli ndi tizifukwa tanu. You will nit succeed he will get his compensation period. Mvoli yamako

  10. Real Real palibenso mabvuto anfoyamba apa umbuli wanuwo umenewo. Cashgater ndiye kuti chani? Stupid zako. Anakuwuza kuti akuvutika. Angofuna zake basi. Pantumbo pako tsono

  11. Ambiri tidasangalala naye Makileni iweyo padoko ndi mzakoyo cheo real northern er simukadakwezedwa education very low monga zikuwonetsera apamu kulimbana ndi zinthu zosakukhudzani. Lunatics

  13. Useless people putting up stupid comments. Issue ndi labour law. Its not about health. Makileni promoted so many people and touched their lives. Iwe tadzifunsa udathandizapo ndani?

  14. Padoko ndi cheyo ndi mbuzi za anthu. Anthu osapota zitsiru. Nsanje musiyeni alandira. Muphulika nkhani yosakukhudza ataaa

  15. Achitsiru ena akuti ndi a Padoko. Kikikikiki koma ndiye munthu akufuna zake basi. Iwe udzakhalapo Ps? Mbuli ndikukudziwa kaya. Banja lako ndikulidziwa. Umfiti we know adaphunzitsa uli kumbuyo kwa amako. Very stupid person

  16. A cheyo panyini pamanu mwamva. Inu mudaksyetsa HIV? I have been positive for 25 years sindidafe. Makileni adakuwuza status yake pantumbi pako usamatinene ife

  17. Mr Padoko umphulika Makileni ndi Ps ufune usafune. He will get his compensation. Pantumbo pako tsono wamva.

  18. Mr Makileni is reaping what he has been sowing, you know what, there is GOD in Heaven who sees everything. ukamakhala Makileni uziopa Mulungu amene anakulenga iwe munthu opanda nzeru ndi umunthu. you can not continue stealing ndalama za boma just like that, if you were paid last time inali nthawi yomweyo not this time around, iwe nde uziona. CASHGATTER wa chabe chabe ngati iwe, shame on you. Makileni iwe, Mulungu akukanthila pansi pompano ndipo Makileni Iweyo Mavuto apapa angoyamba believe you me.

  19. What mikiline has is what belongs to him. After all, he gets his salary. Kakaka pa magalimoto a boma bwanji? Thid ps is a cashgatter in disguise trying hard to reap out meagre govt resources from our taxes. Wanya nayo chule iwe, ps ps wa chani apa.

  21. Mr Makileni sakwera corola a padoko. He has nice cars za personal. Tax yako infakwane salary ya Mr Makileni? Iwe mbuzi eti. You think the whole Ps can drive a car with wornvout tyres? Lunatic. Makileni is simply claiming what legally belongs to him. Palibe chimene ungachite iweyo akapatsidwa ndalamazo. Mbuzi

  22. All that compensation from my taxi just because anakulanda galimoto? With all the salary you are paid for doing nothing? The money you are claiming is my tax yet I use my own old toyota corolla dodging the corrupt traffic men because of unroad worthy tyres. BASOPU nazo zimenezi! Wasowa posolola eti?

  25. Nonse mukumunena Makileni ndinu mbuzi. Munthu ameneyu adatikweza ife. Inu simukadachita. Ena ndinu ma driver chabe ndiye analibe nanu ntchito. Compensation yake alandira or ufune kapena usafune. He is a fighter.

  26. Thank you Mr Ps you made me P3 yomwe kaphaizi amafuna kundipanga demote. Koma adagwa nayo. Inu bwana you followed all the procedures.

  30. Suing government is Malawi is a multi-billion kwacha industry. It is another gate – Suinggate.

  31. UYU MWAMPATSANSO NDALAMA. KUPUSA UPRESIDENT WAKUBA. MUNAIWALA KUTI MAKILENI IS A SMART GUY. GO!GO! FOR YOUR MONEY MAKILENI. THE FOLLY IS THAT ALL THIS IS HAPENNING USING THE POOR MALAWIAN TAX.

  32. I have deakt with Makileni. He understands employment law very well. This is the very reason government has finally rescinded demotion of DCs because promotions were watertight. Kaphaizi failed and goofed in court. Makileni knows what he is doing.

  33. This is the Makileni we know. Fearless and timing. Amangowasiya kuti papite miyezi yambiri boma has no excuse now. Apereka basi. We dont think Makileni ayimvanso ya my office. He is very cunning guy

  36. The reporter did not indicate anything on whether Makileni was still receiving salary or not? so who is fooling who! one sided story.

  38. With due respect to the Dean of Law at Chancellor College, do you mean, human beings in this world are controlled by law ? you cannot expect every decision to have a legal basis. Have you not heard about mitigation of loss. We have cashgate in our midist, do you mean to tell me Government should just seat pwii without protecting such documentation. One need not be a lawyer to appreciate the gravity of losing documentation on cash gate cases. Mind you we are all in the same boat, let us be nationalistic. Donors will not come back if we have such thinking

    I seem to smell politics in the Dean’s comment. Politics will take Malawi no where.

  42. Iam surprised with some stupid comments on this xlear labour issue. Some Malawians are quite dull and stupid. Malawi cant develop with this kind of thibking. He is looking for his money simple

  43. Pharesee appears doesn’t understand labour laws. Its not a question of wanting government prado but its his entitlement. So you have no issue. Being paid at home he is not worried at all. But what is his contract term? Ndiye be intelligent man. Dont be a fool

  49. but he is still being paid lime all the other warehouse PSs for doing nothing but now he wants to sue because he cant get fake allowances and use govt Prado??!! Jesus wept! the greed in Malawi is now beyond comprehension!! may he rot in HELL!!!

  55. CAN GOVT PAY ONE BILLION TO ONE INDIVIDUAL WHEN INSTITUTIONS ARE CRYING FOR THE PAY. THE DEMAND IS TOTAL MADNESS

  57. Makileni was heartless and still is. The same dosage you precribec to fellow offucers is what is being presribed to you. Do not cry boy. You went too far. How many directors left the ministry because of your insanity. Go and rot. We do not miss you. Thosr who miss you are the onex you were sharing cashgate money with. Just continue dancing the music you started playing.

  58. In addition 40 principal secretaries will be retired by Saulos Chilima at a cost of MK10.5 billion kwacha. No objective criteria has been used to decide who goes. I am even pissed of when everytime Chilima insists that PS Chikhosi should be fired without giving any reason. This is a stupid govt bent on destroying people’s lives.

  59. Shaaaa!!! Koma boma la nkhaza ili? Kodi anguru ndinu anthu otani? Basi musatseni zake ngati mwatopa naye

  61. Some of this is good riddance. Makileni should keep quiet. KFCTA assets in Kasungu including vehicles, staff houses and livestock were abused under his leadership…check the trail…how did he leave reserve bank…how did he become a DC…how did he rise through the ranks to become a PS? He deserves no penny from my tax.

  63. What a poor conclusive poor article> He was arrested on “trumped up” charges? His two years stay under the PP turned tables upside down as he championed the promotion of staff working in local councils? This time “he is likely to be compensated again?

    Goodness me! Its like Makileni himself was writing the article! Is he the same Makileni that we read about during JB’s time that staff were demoralised and wanted him out? The one who fought with a government driver at a car park in August 2013? http://www.nyasatimes.com/2013/08/27/ps-makileni-driver-fight-at-local-government-ministry/comment-page-2/
    Is it the same Makileni who was being used by JB to promote Chiefs will-nilly as a campaign propaganda?
    Please, be professional when you work for the government or any government related body kaya ndi MBC, ADMARC etc because if you are a political stooge, only one day, one day, and it will be lachi 40 limakwana. Look at MBC since the times of MBC, who is where now due to politics? Look at the Ministries? The same goes to you DPP stooges today, the 40th day will arrive

  67. Ife mafumu ndife okhum udwa ndikuchotsedwa kwa abwana amenewa. Amatisamala bwino kwambiri. Pano tikuvutika ndi a kaphaizi nkhaza komanso kudzikonda

  68. That guy 4 gate wat he did 2 other staff withn local govemt, he tussel even mesanger. Waukape ameneyi apite akapume basi

  70. Nonsense!!! All along you people have been parading this guy as a nuisance and now because he is on the other side of governance he has become a saint??

  71. Koma ndalama za boma zaphweka. I can bet half of that moey is for Ralph & Arnold. Every one wants easy money following the plugging off of IFMIS holes and Nac no more funding any one

  72. Is Makileni a lomwe? If not then I doubt he will succeed. He can fight but he will not win as far as DPP is concerned.

  75. Malawi is a failed state indeed. How do we expect the country to develop with such kind of treatment vis-à-vis civil servants as if terms and regulations of employement are non-existent.

  81. I have never understood how people claim huge sums when they are being dismissed MK1.1 billion!!!!! In this case everyone would love to be dismissed so that you can cash out.

  83. useless Makileni. He was too political during the Orange cashgate days with his self exiled fugitive Cashgate Queen. He even bossed over his PS1, fired Kelvin Mmangisa from LL city council etc.

  85. Muzuza anthu mpaka liti? Kodi akadakhala mlomwe mukadamupanga zimenezo? Chuka bwanji mukumusungabe? Pori ndi mlimwe nzanu eti?

  86. I wonder Nyasatimes would like to potray Makileni as an angel. This is utter nonsense.! The guy lacks professionalism and has misled government in the firing of Mmangisa and others. If he was indeed compensated for what he did in Kasungu, it’s just because government does not take cases seriously. Otherwise, nobody would believe that he boosted morale in councils

  87. Christopher Makileni ndi munthu wakuba ndiponso wosokoneza he misused funds meant for many developments in Kasungu when he was DC for Kasungu during Bakili Muluzi adminstration.

  89. That was indeed constructive dismissal and Makileni has taken the right decision. This is provided for in the Employment Act though civil servants use the Public Service Act. Malawians should always know their rights. Employers cannot just play around with ones life. There are many out there who just go home and suffer in silence. Peter Muthalika should know his limits as well.

  90. If its true that this is the treatment he is given, we gave very good reasons to worry about conditions of service. Rhis government is shit it has no regard for employment law.

  91. I have got alot of questions but I decide to keep mute.But then again,I want to ask kuti mpaka a billion to be compensated in seven months of not working??So what about the Clerk of Parliament she claimed a MK500 million,has she been compensated??How many will we be compensated then??Mmmm Iam really confused!!!!

  92. How much was this PS receiving that should earn him this amount of tax payers money. Mind you when making claims you are not punishing the government but you are draining tax payers money who are also struggling to survive. This is another cash gate type. Munazolowera kudya zaulere.

    Chinkombaleza gumanyundo gowa.

  93. cash gate team always dealing with big figures, how much if his salary and how many more years to his retirement? I know money is a problem in the country now but let’s make reasonable demands/claims.

  94. Enanu your stupi comments poti zili kwa wina. Koma inu mukadadandaula. Mr Makileni simply wants what is legally his

  100. Makireni was very innovative PS in our ministry. His move has negatively affected us as Local Government Staff. Give him his compesation. You ve disturbed him and ourselves.

  101. Lets look at human rights in employment terms here. What reasons would Peter Mutharika advance for dislike of this legally employed Malawian? Tribalism? Politics? Personal hatred? What is it? Was he given reasons for his put at home on full pay while doing nothing?

  103. I was stuck for 14 years on one rank as deputy director. When I approached him, a week later I got my promotion to director. I wish you well sir

  104. I approached this Ps for possibility of departmental transfer. I was amazed how simple he was. Very easy to approach, very understanding. Alas its only Opc that never gave me the letter. But him was very much helpful. Abwino sakhalitsa ndi zoona

  105. He supported gender equality. I was one of the 8 female Dcs to be recruited and promoted. Ena amanama zoti timachita nawo uhule. Thats total lie. Ineyo zimenezo sadandifunsepo. The Ps is just supportive and kind. We miss you sir.

  106. He didnt consider my tribe as lomwe. He promoted me all the same.enanso ma Dcaku Dowa sadawakweze msanga ngati iineyo

  107. I am P2 now. He did see where I come from. He is from Dowa I am from south. I got my promotions just like friends from north

  108. This is the best Ps For local government. I have served 23 years. 21 years was hell working for local government. His two years stays changed my life forever. I was trained to work hard. Be strong and deliver. He promoted me and other 12 Dcs from P5 to P2 same rank with director Dakamau.

  109. Come on that’s selfishness the economy this down how do you expect the people to live with you cutting 1.1 billion from the already decaying bag have pity for your nation

  111. Munthu mupatseni azipita uyo. 2094 mudamumanga adakulepherani. Panonso mumamusakasaka zakukanikani. Azipita mpatseni ndalama zake

  112. Kodi anthu tiziwazuza chonchi inu a DPP? Iyati chilima we think uli ndi umunthu mpatseni zake azipita kaya

  113. Bwanawa tikuwafuna zinthu zaima muno mu ma council. Kaphaizi sadziwa zimene ma council amachita poti sanakhalepo Dc. Komanso ndi mbuzi ya munthu

  114. There are many more of such top civil servants who will eventually follow the decision Makileni has taken. Rhetoric government which talks of one thing and does the opposite. Government that is about to fall. kkkkkkkkkkkk

  115. Ife mafumu kuno ku Kasungu tikumulira munthu uyo. Koma ndi dziko lonse tikakumana mafumu timafunsana za Ps ameneyu. Munthu wabwino wosunga anthu.

  116. Makileni has always been controversial because he tries tooth and nail to align himself with the ruling party. He has never done anything good to the country other than being too corrupt when promoting chiefs, arresting some chiefs, womanizing too much even within the offices, He has no wife but relies on wives of other people in the offices.
    And now using Raph Kasambara as his lawyer, what? My foot. Malawi does not want to hear the name of Kasambara. He is unwanted person because he is the biggest thief Malawi has ever seen. Government money has been used to enrich this idiot through crooked means in the name of his law firm. Please government, deregister this law firm in Malawi now.
    Makileni has been fighting other fellow members of staff. He was actually beaten by his own driver in fEBRUARY THIS YEAR. What type of civil servant is this idiot?
    Courts should not take this case seriously. Government has already spent alot of money through this idiot Makileni and Kasambara. Government should just bring him in the office and give him a chair and a table but no field work please. The guy has defrauded the country more than we think in the ministry of local government. Who doesn’t know about Makileni?

  119. Chilima can you explain are these the reforms you have been talking about? Is it sensible to pay salaries in his case k1.5 million per month including fuel while doing nothing?

  120. Its good to let someone go than keep him home for nothing. If he is clearly released he can go and look for another Job elsewhere

  125. Kasambara verses Peter. Is Peter going to survive ? Things are not working to Peter’s advantage , problems after problems.

  126. Ps we miss you. You might have other weakness but abwana ntchito mudagwira Mulungu azikudalitsani. You will remain the greatest local government Ps of all the time. I doubt if someone is going to break the record you left behind? Promoting 40 financial analysists from P0 to P5 at once. Promoting Dcs from P 5 to 3/2 all at once. Who can beat that? Champion reconstitution of LASCOM. We can go on. You are great

  127. We really miss this Ps in all council. God fight his battles please. Munthu wasadzikonda uyu. Promotion samayan’gana nkhope kapena mtundu wa munthu. Ma Dc lero ali P2/3 chifukwa cha munthu uyu.

  128. Much as makileni was good in promoting juniors from the councils and DC . He was rude and too political in his day to day activities at the ministry. even his boss kaphaizi was afraid of him . Mmutu mwa makileni simuyenda bwino may be coz of ma units .airtel money. u know wat i mean

  129. Are these reforms Chilima was talking about in Mangochi? Keeping Ps at home on full pay doing nothing? Just pay him off and let him go.

  130. This is the only sensible Ps who understood council jobs. Zinazi ayi. Ndale uko koma Makileni breathed life in all councils. Ntchito imakoma. Motivation was there. Pano ntchito zayima

  131. Tikufuna Makileni abwerere kuno ku local government. Munthu ameneyo ndiye amayitha ntchito ya ife mafumu. Kaphaizi sakuthandiza

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