‘Constructively resigned’: MEC rejects return of Potani after diplomatic posting to China
The Malawi Electoral Commission (MEC) has accused the Office of the President and Cabinet of unlawfully interfering in its staffing affairs, after its former deputy chief executive, Harris Potani, entered the Commission’s offices on Monday despite having left the institution more than a year ago.
Potani, who joined MEC in 1999 and rose to the position of deputy CEO, resigned from the Commission in early 2025 after negotiating a move to the Ministry of Foreign Affairs and, subsequently, a diplomatic posting in China.
His attempt to return to MEC has reopened questions about the extent to which the executive can influence the composition of a body whose independence is constitutionally guaranteed.
Under the Malawi Electoral Commission Act, only the Commission itself has the authority to appoint its staff.
The legislation does not permit MEC officers to be seconded to government agencies in any form; conversely, it allows the Commission to accept secondments from other government bodies, but only on terms it determines itself.
MEC said it had considered Potani’s departure in 2024 and concluded that both his conduct and the purported secondment arrangement were unlawful, in breach of the employment status afforded to Commission staff.
The Commission said it had engaged directly with Potani at the time, advising him against pursuing the move, but that he declined to reconsider.
As a result, the Commission resolved that Potani had constructively resigned his position. Given his long service, it agreed to treat his departure as a retirement rather than a dismissal as he took up his role at the Ministry of Foreign Affairs.
MEC argues that this history precludes any return to the Commission.
In a statement, it said Potani’s acceptance of what it described as a political appointment was incompatible with membership of an ostensibly independent institution, and that reinstating him would represent “a huge compromise” of that independence.
The Commission expressed particular concern over what it characterised as direct involvement by the OPC in efforts to secure Potani’s return, describing this as “dangerously and highly controversial” and saying it remained “suspicious” of the government’s role in the matter.
It reiterated that employment decisions affecting Commission staff rest solely with MEC, not with government.
“Mr Potani is an adult who voluntarily took up a position at the Ministry of Foreign Affairs,” the Commission said, adding that this amounted to constructive resignation under the law and left no route back to his former role.
The episode raises broader questions about the durability of institutional independence in Malawi, particularly ahead of forthcoming elections, and about the extent to which appointments to bodies such as MEC can be shielded from executive influence.
The Commission has called on the public to press the ruling Democratic Progressive Party government for an explanation as to why it is seeking the return of an official who left the institution voluntarily.
The OPC has not yet issued a public response to the allegations.
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