Voice Mhone threatens legal action over diplomatic mist

December 16, 2014 Yankho Msukwa - Nyasa Times 90 Comments

Local human rights activist, Voice Mhone, who was appointed Malawi’s Ambassador-designate to Germany, has given government seven days to tell him reason why the Public Appointment Committee (PAC) of Parliament did not confirm him or risk facing legal action.

Voice Mhone: To sue
Voice Mhone: To sue

PAC did not confirm Mhone and Ambassador-designate to Egypt Yunus Mussa, who is also ruling Democratic Progressive Party (Vice President for eastern region.

The Committee did not disclose the reasons for their decision, but maintained and advised government to replace them, a development that has not gone well with Mhone.

Even the letter from Chief Secretary to Government George Mkondiwa to Mhone informing him about the results of the interview he had with the Committee does not indicate the reasons why he was not confirmed.

This also comes at when the Committee has apparently cleared Chrissie Kaponda, High Commissioner-designate to South Africa and Ambassador-designate to Brazil Edward Sawerengera.

PAC chairperson Lingston Belekanyama said the issues the Committee had with the two had been cleared.

“I regret to inform you that at its meeting held on 3rd December 2014, the Public Appointments Committee did not confirm you as Malawi’s Ambassador to Germany,” reads the letter signed by Mkondiwa.

But Mhone responded by writing Mkondiwa requesting to him to provide him with the reason that PAC gave for not confirming him.

“Reference is made to the letter dated 6th December in which Public Appointments Committee decided not to confirm my appointment as an Ambassador to Germany.

“The Public Appointments Committee ought to provide grounds and, or reasons for not confirming my appointment. I would like to request your good office to furnish me with the grounds and, or reasons in writing as per Section 43 of the Constitution.

“The jurisdiction of this Section makes it clear that reasons were supposed to be furnished for the decision that PAC made as such decision has adverse effects on my rights, freedoms and legitimate expectations.

“Please revert to me within seven days faulire of which I will commerce judicial review proceeding without recourse to you,” reads Mhone’s letter addressed to Mkondiwa and dated December 10 2014.

Meanwhile, PAC confirmed that former DPP spokesperson Hetherwick Ntaba, who was appointed and confirmed as Malawi’s High Commissioner to the United Kingdom, has withdrawn on personal grounds.

The Committee did not also give behind Ntaba’s decision.

“I spoke with him and the President is aware of this. But as for the details, ask the Office of the President and Cabinet or Dr Ntaba himself,” said Belekanyama.

Ntaba could not be drawn for comment as his number could not reached.

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90 replies on “Voice Mhone threatens legal action over diplomatic mist”

  2. I agree with PAC action on Mhone. Even if I want a labourer at garden Mhone is not the right candidate as indicated by his action. Ndi wadyera or anthu a kumpoto amati ni nkharye!!!!!!!!!

  7. It is now free for all. Legal actions left, right and centre, strikes left right and centre, underhand huge perks increases for top politicians, etc, etc

  8. Voice Mhone or w@eva name u call urself, udzikula. Ukahkala ngati mwana akulilira jiggies kapena fizzes. Why r u power hungry???? Wakanidwa basi vomereza. Sitikukufunanso mu Civil Society yathu….

  9. Why should it be Mhone only making this noise when his friend Yunus is quite? Did you apply for this post???Ndie tonse tikadzadza mma office momwe sanatilembe ntchito kuti akatiphalile as to why we failed.

  10. Give someone reasons as to why he has not been offered the job, it is part of being accountable, transparent and honest. With Nepotism in Malawi it has to be like that and I urge Mr Mhone to push forward and they should give reasons.

  11. Munanyanya kuyambira pa chisankho 20 may munayesa kuti a malawi sakukuonani shupiti kunamaso kuti kwanu ndi ku Thyolo pamene kwanu ndi Kumpoto poti pres. amachokera ku Thyolo naneso ndikhale wa ku Thyolo waziona tsopano.

  13. Whether Voice Mhone is from Thyolo or Nkhatabay should not matter. He’s a bona fide Malawian. And in the interest of transparency, PAC should be morally, if not legally obliged to tell him where he went wrong in the interview.
    Modern governance demand this approach. No power tripping by PAC! Even in interviews for professional positions, one can ask, in the interest of improving one’s chances in future, for feedback as to where one fell short! This is absolutely acceptable. However, the possible legal action, which is threatened, is a different matter.

  17. This is totally ridiculous. Mr Mhone drop it. An interview is exactly what it is, it is not a guarantee for a job. Ask Thokozani Banda. Nobody guaranteed you a job and nobody is obligated to let you know why you were rejected. So chill Dude!!

  19. This guy may be educated but uchitsiru ukanalipo popeza sukulu siyithetsa uchitsiru. Let him go to court and see what happens. Azingopita kwao azikalima ndi kudya udzudzu (nkhungo). He is an educated fool.

  21. Activists never make good diplomats. Khalani pansi konkuno muzipanga activism yanu. Mwaonako chani ku Germany, kuli mwini wake Kumbambe kumeneko

  22. We need your services here at home as an activists not the one offered to you in German. They want to silence you the way they did with Billy. People will question your integrity if you were really fighting for them or was one way of getting a good job from government. People need you most now. Pac has done a commendable job for rejecting you.

  23. What i know about interviews is that during assessing all whot sat listing of names is done secretly. If mhone was declred winner then PAC shud of give reasons 4 this decision. Sec. 43 ofconstitutional says “Every person shall hve th right to-(a) lawful & procedurally fair adminstration action….(b) be furnished wth reason in writing for administrative action where his or her rights, freedoms….or interest if those interests re known.”

  24. Mhone simple you failed the interview just ask the appointing authority to give you another role politically. Afterall you never even applied for the post why sulking

  25. Ndechifukwa chake anthu akumpoto akufuna federalism kapena secession.nepotism!akuluwa angosankha anthu mainly lomwes with pale brush paintings of southerners.a very dangerous president,indeed.

  26. HOW And why DOES ADA MHONE NOT QUALIFY FOR A DIPLOMATIC POST ??? TRUELLY THE NATION NEEDS TO KNOW ; WHAT ARE HIS ACADEMIC QUALIFICATIONS; WHAT QUALIFICATION DO YOU NEED FOR ONE TO BE CONSIDERED FOR THE POST ???

  27. We need your activism here at home asakupangenid approve a mhone, mwaonako chan ku germany? so u want to leave malawians crying alone, if u are a real activist you will not go & not even ku court.

  28. You must be so daft Mhonie. You were just nominated pending approval from the Parliamentary committee on Public Appointments, nde ukuti cha? I thought you had a full time job with that NGO Ridge Trust in Lilongwe, kapena unapanga kale resign thinking you are already headed to drive a Mercedes Benz left hand drive or already drinking Bavaria beer in Bonn? If you are educated enough mwina winawake akulemba nrchito, try teaching at Skyway in NGO Management.

  30. The courts will not interfere in a legislative process. When Mrs Nangwale went to court because parliament did not approve her appointment as IG of Police she went to court claiming that she was not given the reasons for her rejection. The court said it cannot interfere in a legislative process. It will be the same with Mr Mhone.

  31. Voiceless Mhone….kikikikikiki. you failed the interview PERIOD. kani ndiwe BULUTU zedi. UNIMA ikakusiya selection umayisumira kodi??? ATumbuka ndi mbuli zedi. supita Ku Bonn / Berlin wanya

  32. Ukanamufunsa Sunduzwayo Madise anachitidwa appoint ndi a Tcheya kupita ku Geneva kaya pa stadium Malawi yense akumva. Mpaka lero saanapite. Anachita sue munthu? Ayi. Lero akupanga PhD yake in Law ali phee.

  33. Ofcoz i knew kuti aDawa ndi achitsilu koma chomwe sindimadziwa ndichoti iwowa ndi achitsilu chotheratu chonchi

  34. IF ITS A CONSTITUTIONAL REQUIRRMENT, THEN LET THE COMMITTEE SHOULD ABIDE BY IT, SIMPLE! NOT KUTI UDINDO WAUFUNITSITSA. ZIMAYAMBA SLOWLY KUMAPHWANYA CONSITITUTION, IFE NKUMANGOONERERA
    GO! GO! MY VOICE!

  35. Judicial proceedings indeed! Dont u know that the judicial staff are on strike and very soon they wll be joined by the judges? Just go to petulo, he is a professor in law u see!

  37. Eeee Zakuvutanitu apa Bambo Mhone i guess Germany munaifunitsitsa. Life is not a bed of roses this u shud know. Nanunso ochita bwino mumatha kukhomererana nokha nokha

  38. Go mhone sue them! The nepotistic Belekanyamas should give reasons! Honestly speaking, should where my parents come from be a matter in an interview? That’s sanctioning nepotism!

  40. you are right Mhone. This country belongs to us all. They should give reasons. Mostly likely you will win in court coz they will be citing reasons like ‘mother from Thyolo’ or ‘woyerekedwa’. This is in essence results of unnecessary political fights between the Presidency (executive) and losers in Chisankho (opposition) who form the majority of PAC and make these careless decisions.

  41. BONANI ADA MHONE. GO BACK TO THE DRAWING BOARD AND PLAY YOUR CARDS WELL. WE NEED EDUCATED AND PRINCIPLED AMBASSADORS. KEEP MAKING NOISE HERE IN NYASALAND. GERMANS MAY BE ALARMED. NJOWANI ADA VOICE

  42. MWASUWA Says:
    “ku khululuka ndakhululuka koma mabala akuwawabe mpaka pano”. Mwina sakukhulupilira kuti mukachita zomwe iwowo akufuna. AYINYUMWA GAME.

  43. In an ordinary public appointment, I would agree with Mhone that reasons are needed and that failure to do so is subject to judicial review. But when you are dealing political appointments the reasons may be political and no court can review such decisions. In other words, this is not a kind of dispute which can be resolved by application of the law because people are appointed not because of clear criteria but for political reasons.

    If I was Governmnt, I would not take the threat seriously.

  44. ,,, we need to change the language! The President is ‘not appointing’ but rather ‘nominating’ so that someone can undergo interviews! If there were several names for the same post, then we call it ‘shortlisting’!!!! The guy thought he is already there!

  45. Did you sign any contract agreement with govt.and you feel it has now been breached?Which one Mr.Mhone that warrants suing govt.?

  46. Re Mhone and his Section 43 complaint

    It was PAC which failed to approve Mhone’s posting. Is PAC not part of the Legislature? If so then he should be asking PAC what were the reasons for his rejection, and not the Executive.

    (Section 43 of the Constitution states:

    Every person shall have the right to

    a. lawful and procedurally fair administrative action, which is justifiable in relation to reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened; and

    b. be furnished with reasons in writing for administrative action where his or her rights, freedoms, legitimate expectations or interests if those interests are known.)

    Re Ntaba: The Maravi Post claims in an article that the UK rejected Ntaba because it felt that he was behind the expulsion of its “ambassador” in Bingu’s reign.

  48. kodi a mhone intervielw mukatuma abwanawo….thots its js an appointment subject to…..enatu anthu alipo….. mwatani kodi a nalawi dyera dyera kudzikibda kudzikonda….

  50. Ada Mhone to save yourself unnecesarry embarrassment just drop the notion of sueing these people, they may have valid reasons why they didn’t pick on you which may not be good news to you and most likely tarnish your reputable stance to the nation. Already you’ve fought a good fight for the nation on what you’ve been doing for the voiceless. People put it that your appointment could have been influenced by district blood relation on the side of your dear mum. So watchout!!

  51. Mhoni should just have asked for the reasons without threatening to sue within 7 days. Does he really think the Malawi govt is scared of being sued by a pedestrian like him? Walemba mmadzi mfana ameneyu. Bwanji osamangolima, morever Germany is not the end of the World. Doesnt he know how to write a humble letter? Shame

  53. For the first time kukana mpando onona, or is it a sign of maturity, Doc ?????. All the same keep helping the poor and the sick as your profession requires you to. By the way, did you invoice Mphwiyo for the life saving intervention, you deserve a better part of the loot from his account, all the best for the decision hardly taken by many

  54. If one fails an Interview does the employer tell the candidate why he failed? How many of you have attended interviews, failed and sued your would be prospect employers? Zautsiru basi. Stupid and silly thinking!

  56. As a bonafide Malawian Mr Mhone derves to be considered. After all most of the so called Honorables that make up PAC are am sorry to say illeterate. They must avoid persecution of their oponents. Malawi is for all of us.

  57. Hey u moroon who has comented un irational thought. let me educate u. Ine ndakulemba ntchito koma kuti usanayambe, uyenera ukumane ndi uncle anga. kenako uncle akukuuza kuti siuyamba. iwe siufunsa zifukwa? Ziwa kuti ntchitoyo siyochita apply koma ine ndimangosakhapo.

  58. Mukamva timagayiti tikupanga phokoso kuma CSOs ndikuchulutsa kuwonekera kumitsutso ndiye kuti akufuna ntchito m’boma (Mabvuto Bamusi bwaa). Ndiye akuluwa akuchita manyazi kuti phokoso lawo ndikubvomera udindo sikunawapindulile. Anakakana akanatchukilapo. Anthu amadzudzula Boma (Pitala) kuti asankhira dala atsogoleri ama CSO kuti awazizilitse. Amu Mhoni ziavuta kuyambiraso kutsutsa Boma – dyera..

  59. Voice Mhone is making himself a laughing stock. There are certain positions that occupants are first nominated by the president and confirmed by parliament. For example Paul Kanyama is just acting Inspector General of Police until he is confirmed by parliament.

  60. Voice has a constitutional right to know the reasons behind his failure to secure a nod from the PAC. If you have never held, it does not mean that it is not possible to exercise this right. In countries, where people know their rights, they exercise this right to know.

    As a human rights activist, this comes naturally to him.

    Instead of criticising him, please go read Section 43 of the Constitution.

    Amalawi tiphunzire kuwerenga tisanatsegule pakamwa!

  61. Munthu ukalakwa walakwa you can be highly qualified but you may not be suitable for that post , so what I can see here is suitability is there the interview board they look a lot a lot of areas for to be suitable for the post , wait for another interview please

  62. This was business as usual on the part of appointing authority. The opc was supposed to vet or grill this man before he went for the interviews. As gov they have inside previlage of what question list looks like and to add it all they have dpp mps in the pac committee who could ask soft questions. As for mr mhone he went before pac with business as usual too but at the end of the day he is right to seek judicial recourse

  64. mhvone knows something on the ground abt his appointment,he thought that the one who appoint him will also approve him, it’s not like that,voice is full of utopian imagination, sizapambumbatu izi.

  65. # 13 don’t you know that as an interviewee, you can sue the interviewer if you are convinced with the interview results, Umbuli eti? Visit the employment ACT, as well as the HRM Module on recruitment processes plsease.. Mtumbuka iwe eti??????? Mhone has all grounds to take legal action by all means as stipulated in the constitution as per section 43.

  67. Heheheheee!!! A Voice anapanga kale masamu awo akapita ku Germany!! Chilembwe ndi uyu akuvutayu… Di Phii Phiiii!!! Boma iloooo…Likdzatuluka silidzabwereranso 2019

  68. HAHAHAHAHA! HEAR HEAR! VOICE YOU WERE A GOOD CIVIL RIGHT ACTIVIST AND YOU DECIDED TO GET A BUN AND RUN AWAY. SEE NOW WHAT HAS HAPPENED TO YOU. YOU WERE MAKING NOISE AND YOUR NOISE WAS HEARD EVERYWHERE. DR. JB GAVE YOU A POST YOU TURNED DOWN AND I THOUGHT YOU WILL DO THE SAME THING. SEE NOW.

    YOU GUYZ WHO ARE COMMENTING HERE, PLEASE LEAVE PETER MUTHARIKA OUT OF THIS. SIMPLY HE APPOINTED VOICE MUHONE TO REPRESENT MALAWI IN GERMANY BUT IT IS PAC WHICH HAS REJECTED THEM. PAC INCLUDES THE MCP, DPP, UDF, PP AND THEIR VOTE IS UNANIMOUS. SORRY MY FRIEND WHERE ARE YOU GOING TO START ALL OVER AGAIN. “CHALO CHAKUKANA” UKAYAMBIRA PATI POTI YOU AND KAPITO WE WILL NEVER TRUST YOU AGAIN. YOU BETRAYED US. SORRY SORRY!!!!

  73. Please Mr. Mhone give us the reasons they cited when nominating you for the post or did you apply for it??? Be a good failure please!!!

  74. You thought it was an automatic thing to be appointed to an ambassadorial post just because your mother comes from Tcholo together with Peter.

  78. Give the guy reasons. Dont treat everyone as if they are workers at a tea estate somewhere in the MTL region. You are dealing with educated people who know their rights are are free and courageoud enough to excersize them

  79. This is a lesson to APM: Don`t trsut Tongas. Remember one Thoko banda fro Thyolo/Nkhata Bay??? And now this idiot called Voice Mhoni, no its not a mistake, Mhoni (ask Tongas)! Ada Mhoni…

  80. The problem with Voice Mhone is kuyelekedwa. PAC was right not to confirm you. You can simply an embarassment and cannot be trusted to handle such as high position. Pita ukalime kumudzi ayise

  81. It is unheard of that an interviewee wants to know the reasons for failing the interview. Is it automatic that once you are nominated for diplomatic post then you are guaranteed to go? Am not sure what the law states, but certainly what voice is saying is oure stupidity!
    It begs the question: what vested interests did he have in a diplomatic post to Germany or indeed anywhere? Doesn`t this suggest that the guy has selfish motives? Voice although your name is voice it sometimes helps to keep your stupid mouth closed and not voice anything at all. You have just proved that you are no diplmatic material at all. What image would you be taking to Germany ndi kukula mtima kotero. Nanunso a APM, matolatola anuwa, to please or silence, every jim and jack, you suggested snakes to represent us in some foreign missions. Akathyali psipsiti amenewa. Voice was not keen to go to Germany to serve Malawi but his own interests, nde pano zafoira. Please german Government dont accept this idiot called Voice Mhone. he is a shame to our land, no humility and manners at all. Munthu wadyera.

  87. Voice Mhone,,,,,,,, what will it benefit you if you take them to court……. ku sukulu munapitako…. why not continue working as usual…. then life goes on……..

    The reasons are politics……..

    You are a MAN….. forget it bwenu……

    That means its not Gods Time for you to go to Germany……when time comes they will be nothing to stop you….DZANJA LALEMBA MAN……

    I salute Dr. Ntaba for the decision…..You had a hard in the life of Paul Mphwiyo the gun shot survivor…… without you and Dr. Varela Mphwiyo bwezi ali malemu……

    We really need you around….

    Good Move Dr. Ntaba…

  88. After interviews we say IF WE DONT CALL YOU DONT CALL US…sic why are you calling us?pls u failed the interviews basi bwana

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