Malawi govt challenges in court K754m pay-out to Makileni through lawyer Thabo

The Office of President and Cabinet (OPC) has through lawyer Thabo Chakakaka Nyirenda filed an application at the Industrial Relations Court (IRC) which ordered government to pay a principal secretary (PS) K754 million after he sued and alleged political victimisation’ to set aside the contempt proceedings as it seeks out of court settlement.

Lawyer Chakaka Nyirenda: OPC instructs to challenge contempt
Silungwe was not part of the negotiations of the K750m payout

The court, by consent order between Christopher Makileni and the Attorney General (AG), entered on August 2020, has ordered government to pay him K754 835 824.14 in pension, loss of use of motor vehicle, fuel and salary before tax.

Attorney General Dr Chikosa Silungwe signed the agreement of the pay-out but said the negotiations over the settlement was already completed when he came into office.

According to Silungwe, negotiations with relevant stakeholders started in 2018 and were already completed before he took office.

He said government wants to “discuss out of court.”

Makileni, according to the court order, cut home over K216 million in pension, over K205 million for loss of use of motor vehicle, over K269 million for salary before tax and K63 million for fuel.

But lawyer Chakaka Nyirenda confirmed that OPC has instructed him to challenge both the consent order and the contempt of court proceedings.

Makileni’s lawyer Paul Maulidi confirmed the process of negotiating the settlement.

“The Attorney General and OPC are now suggesting new terms and other ways of solving the matter including redeployment of my client. So, we will see what we can settle for,” he said.

Maulidi said there was nothing wrong with the K750 million jackpot.

According to Maulidi, almost immediately the Democratic Progressive Party (DPP) came into power with Peter Mutharika as President, government ordered Makileni to stop working.

The lawyer disclosed that his client was accused of being a sympathiser of Joyce Banda’s People’s Party (PP).

Maulidi said his client took the matter to court in 2015, but later they agreed to an out-of-court settlement which resulted in the consent order.

OPC is challenging the settlement, arguing that that contempt of court proceedings are “irregular”.

The court has since adjourned the matter which is being presided by the IRC vice-chairperson Kondwani Banda to October 28 this year.

Janet Banda, Deputy Chief Secretary for President and Cabinet, confirmed government had asked the Attorney General to withdraw the settlement.

Attorney General recently warned that government is losing billions to payments for contractual disputes.

Just within two years, government had lost a whooping K29 billion in illegal dismissals, poorly drafted contracts, transfers and redeployment of heads of ministries, departments and agencies, a leaked assessment by the Attorney General revealed.

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Matilda
Matilda
8 months ago

These inflated payments aren’t a new thing. People know that Kasambala and JB were in this game together. So, should we conclude the new AG, is learning from the same Kasamaba/JB playbook. Osamatinamiza. Anasainira 2018-my foot. Signature ili pamenepo ndi yandani? It’s the new AG’s signature. The new AG has all the powers to review the payment. Or not? Ask Kasambala about someone called Matilda. Anakana kugawanatu. Kasambala akupweteketsani. Anyamata ake si amasiku anowa.

The Insurgent
8 months ago

Just pay. Also pay K7bn for the election case. Pay. Its their money.

Legalize It
8 months ago

Christopher Makileni is one of the salvages and very scandalous. He was a nuisance at Local Government and JB made a mistake to appoint him as PS leaving potential people who joined way before Makileni. He is always in disagreement with others and uses threats against anyone who opposes him. JB was another clueless president. Uyu anali wa pa ngozi kankhani galasi ili. Mpaka kukatenga Makileni who was a Young Democrat during the udf reign of terror? Ufiti wake mpaka kupusitsa the whole OPC? Zinazi inu a boma muzidziwa kuti anthu amadulidwa misonkho. 1. PAYE 2. VAT. 3. Customs Duty… Read more »

Alamu Pumani Mwakalamba

A Paul Maulidi mpaka mwati jackpot misonkho yathuyi. This is outrageous. Makileni has not even clocked 24 years in service and was still getting his salary. The salary of a PS is only K16 million per annum. What is loss of vehicle? The vehicle is just for office use. The fuel is not even attached to the salary. Kuba. Kwiba. A Malawi we must be learn to stand up for justice over our taxes which someone is calling jackpot. Civil Rights organization have to act as per definition of civil.

Joseph Banda
Joseph Banda
8 months ago

CHECK THE LAW. Let these guys learn that it is easy to employ than to dismiss an employee. It is worse that he was still young. CHECK THE DEFINIATION OF WAGES WHEN CALCULATING TERMINAL BENEFITS. Simasanje ai. PLEASE ADVISE THE POLICY MAKERS TO THINK! Employees have human rights as well.

Nanga MAKILENI AKANAKHALA MULHOMWE or Southerner in General? PLEASE, PLEASE, PLEASE respect the Attorney General for the Good of Malawi.

Last edited 8 months ago by Joseph Banda
Kasuzga Milonga
Kasuzga Milonga
8 months ago

Alamu, if the salary of a PS is MK16m per annum where is the over MK269m coming from. It looks like salary for 15 years service. Wow! This is daylight robbery. People are really busy kudzinyambita ndalama za misonkho ya anthu osauka ndithu. My beloved country!!!

Mbowe
Mbowe
8 months ago

Kodi si inu aja mumaombera mmanja K7bn ya election case itapatsidwa kwa UTM & MCP ndipo munkatumbwa mumvekere apatsidwe basi they deserve misonkho yathu? Lero poti wa Tonse waiphulayu mwayamba kuchuluka mzeru? Iyiyitu muyiphatikize pa 7bn ndi zina za achina Seodi White zikubweranso zija, mwapulika?

Ben Phiri Jerusalem University
Ben Phiri Jerusalem University
8 months ago

Ridiculous settlement Malawi must update their labour laws when it comes to dismissal. Settlements are ment to ensure a few months or few years not a lifetime of payments for dismissal.

Legalize It
8 months ago

Eti mpaka salary for 40-50 years? I have ready a number of IRC judgements. It does not go this much. Pension mpaka K200 million.

tiyowoye nyasulu
tiyowoye nyasulu
8 months ago

the heist has been exposed. The argument that Silugwe is advancing is very lame because in the first place. he was supposed to go through the file and review it if neccesary not just appending his signature. He was supposed to ascertain if there was merit to pay such huge sum of money to an individual. the same thing will happen with the election case cost because all the involved parties are interested parties. The issue of election case should be put before a neutral court may be try to outsource judges from other juridiction . I am not sure… Read more »

ERUTU
ERUTU
8 months ago

Akuwabisalira 😂

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