Court nullifies Dr Chrissy Kamwachale appointment as nurses council chief

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BLANTYRE-(MaraviPost)-The High Court in Blantyre has nullified the appointment of Dr Chrissy Kamwachale as Registrar and Chief Executive Officer of the Nurses and Midwives Council of Malawi.

In a judgment delivered on August 21, 2026 by Honourable Justice Bodole, the court declared that the appointment made by government on 30th April 2026 is null, void, and of no legal force or effect.

The case was filed by the National Organization of Nurses and Midwives of Malawi and the Association of Malawian Midwives.

The two bodies dragged the President of the Republic of Malawi and the Deputy Chief Secretary and Comptroller of Statutory Corporations to court.

They argued that the appointment was done unlawfully and without legal authority.

In its judgment, the court agreed with the claimants.

The court said Dr Chrissy Kamwachale does not meet the statutory qualifications required for appointment to the office of Registrar and CEO under the Nurses and Midwives Act.

Because of that, the court ruled that the purported appointment is void ab initio.

Justice Bodole further quashed the decision of 30th April 2026.

The judge said the decision was ultra vires, unlawful, procedurally unfair, and unreasonable.

The court also permanently restrained the Defendants and anyone acting under their authority from implementing or giving effect to the appointment.

The court also ordered that the claimants be awarded costs of the action.

The parties have 7 days to agree on the costs, failing which the Registrar of the High Court will assess them.

The judgment was filed by M/s Banda, Banda & Co. of Accord Building in Blantyre.

The case has sparked debate in the health sector, with many nurses and midwives saying the ruling protects professionalism and the rule of law in the council.

Under President Professor Arthur Peter Mutharika, government has emphasized merit and the rule of law in public appointments.

Many Malawians have welcomed the court’s decision, saying it sends a strong message that appointments in public institutions must follow the law.

With the 2025 elections still fresh in people’s minds, the ruling is also being seen as a test of how the current administration handles governance and accountability in statutory bodies.

As the dust settles, the Nurses and Midwives Council of Malawi will now have to start the process of appointing a new CEO in line with the law.

For now, the court has made it clear: no shortcuts in public appointments.

Jones Gadama

Holder of a Bachelor’s Degree in Education (English) and Diplomas in Journalism and French Language. Seasoned journalist and educator with over 10 years of experience in writing feature stories, analysis, and investigative pieces on social justice, human rights, and Malawian culture. Skilled in language instruction and examination. Passionate about creating engaging content and fostering a supportive learning environment.

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