LILONGWE-(MaraviPost)-The country’s Civil society organisations plan to seek court intervention on to alleged political interference in the Electricity Supply Corporation of Malawi (ESCOM) procurement process and developments surrounding the Malawi Rural Electrification Programme (MAREP) Phase Nine.
This is part of the renewed calls for transparency and accountability in public procurement on matter.
In a joint statement released in Lilongwe on Wednesday, the Human Rights Consultative Committee (HRCC), Human Rights Defenders Coalition (HRDC), Citizens Alliance and Malawi Black Economic Empowerment Movement said their concerns are centred on protecting the integrity of public institutions rather than targeting any specific contractor or company.
The organisations said the leaked memo linked to ESCOM has raised serious constitutional and governance questions regarding the extent to which political authorities can influence procurement processes that are legally assigned to procurement committees and other statutory bodies.
According to the CSOs, the Public Procurement and Disposal of Assets Act was established to ensure transparency, accountability, fairness, competition and value for money in the management of public resources. They warned that these principles are designed to protect procurement processes from political influence, favouritism and corruption.
The grouping expressed disappointment that government has not yet responded to concerns they raised during an earlier press briefing. They said continued silence risks weakening public trust in procurement institutions and undermining the rule of law.
As a result, the organisations said they are exploring possible legal avenues, including judicial review proceedings, to seek clarification from the courts on the limits of executive involvement in procurement decisions governed by law.
The CSOs also pointed to recent developments surrounding MAREP Phase Nine, where government has reportedly initiated legal action aimed at recovering about K1.4 billion in advance payments allegedly made to contractors who failed to fully deliver contracted goods.
While noting that the courts will determine the merits of the case, the organisations said the dispute has exposed broader concerns regarding procurement oversight, contract management, risk assessment and accountability in the use of public resources.
They observed that the greatest victims of such failures are ordinary Malawians living in communities that had hoped to benefit from electrification projects.
According to the statement, delays caused by procurement disputes have affected schools, health facilities and small businesses that depend on electricity for development.
The organisations further noted reports suggesting that parties involved in the MAREP dispute may be considering an out of court settlement.
They stressed that while alternative dispute resolution is acceptable, any agreement involving public funds must be transparent and guided by the public interest.
Describing the ESCOM controversy and MAREP Phase Nine dispute as signs of deeper governance challenges, the CSOs said Malawi needs stronger safeguards to protect procurement systems from undue influence while improving monitoring, contract enforcement and accountability mechanisms.
The organisations have since called on government to explain the leaked ESCOM memo, ensure procurement laws are applied independently, guarantee transparency in the MAREP litigation and any settlement arrangements, and allow the courts to provide clear guidance on the limits of executive involvement in statutory procurement processes. They maintained that the integrity of public institutions and the protection of taxpayers’ money must remain above political interests.
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