LILONGWE-(MaraviPost)-The Forum for National Development (FND) has penned Secretary to The President and Cabinet (SPC) Collen Zamba to act on NonGovernmental Organizations Regulatory Authority (NGORA) Chief Executive Officer (CEO) Edward Chileka Banda for actively involved in party politics in the just ended Malawi Congress Party (MCP) convention.
Chileka contravened Malawi laws that bar civil servants from actively participating in party politics without resigning, which the latter failed to comply with.
NGORA chief Chileka vied for MCP Nation Youth Director during the convention the seat he failed to win.
In the FND letter signed by its National Coordinator Fryson Chodzi addressed to SPC and copied to the Comptroller, Statutory Corporations
The Principal Secretary, Ministry of Gender, Community Development, and Social Welfare, Public Appointments Committee (PAC) of Parliament Chairperson, and NGORA board chairperson want Chileka to be disciplined.
“We are writing to express our deep concern and respectfully request immediate action from your esteemed office regarding the conduct of Mr. Edward Chileka Banda, who currently serves as the Director of Social Services under the Ministry of Gender. Mr. Banda was
seconded to act as the Chief Executive Officer (CEO) of the Non-Governmental Organizations Regulatory Authority (NGORA).
“However, his recent activities raise significant questions about his compliance with the principles and legal obligations that govern
public service conduct in Malawi. On 8th August 2024, Mr. Banda participated in the Malawi Congress Party (MCP) convention, where he contested for the position of Director of Youth. It is important to highlight that Mr. Banda remains an active employee of the Ministry of Gender and continues to serve in his capacity as the CEO of NGORA,” reads the FND letter in part.
The letter adds, “This political engagement, while holding a senior position in the civil service, directly contravenes the spirit of the Republican Constitution, the NGO Act, the Public Service Act, the Civil Service Code of Conduct, and the Civil Service Regulations.
“It is worth noting that Dr. Jessie Kabwira, who was in a similar situation as Mr. Banda, resigned from active politics in 2021 to join
the Malawi Institute of Management (now Malawi School of Government) as the Executive Dean, and recently resigned from the Malawi School of Government to rejoin active politics, where she contested at the recent MCP convention and was elected Publicity
Secretary”.
FND observes, “The Constitution of Malawi, under Section 193(1), requires that civil servants, in the exercise of their participation in political activities, must not compromise the independent exercise of their functions, powers, and duties as impartial servants of the general public.
“This provision underscores the importance of maintaining the integrity and impartiality of the civil service, which is essential to public trust. Furthermore, Section 193(2)(a) clearly mandates that any civil servant wishing to engage in partisan political activities must first
resign from their official duties”.
The letter adds further, “By contesting for a political position while still serving as CEO of NGORA, Mr. Banda has demonstrated a clear disregard for these constitutional requirements, thereby compromising the impartiality and integrity of the office he holds.
“NGORA, as a statutory regulatory body, plays a critical role in overseeing the activities of non-governmental organizations in Malawi. The impartiality of its leadership is paramount to ensuring that NGOs and other stakeholders have confidence in its regulatory functions”.
FND explains, “Mr. Banda’s engagement in partisan politics threatens to erode this confidence, potentially undermining the authority’s ability to function effectively and impartially. His actions could be perceived as a conflict of interest, jeopardizing the non-partisan nature of NGORA and diminishing public trust in its operations.
“Moreover, Mr. Banda’s participation in active politics while still a civil servant constitutes a breach of Civil Service Regulation 24,
which explicitly prohibits any political activity that interferes with the performance of one’s duties as a civil servant. Such conduct is
not only an offense under the regulations but also sets a dangerous precedent for other civil servants who may be tempted to follow suit,
thereby weakening the integrity of the entire civil service”.
Chodzi urges, “In light of these serious concerns, I urge your office to take immediate and appropriate action to address this matter. Upholding the principles of impartiality, integrity, and non-partisanship within the civil service is crucial for maintaining public trust and ensuring that our institutions continue to serve the best interests of all Malawians.
“I trust that you will give this matter the attention it deserves and take the necessary steps to uphold the rule of law and the standards
of conduct expected of public servants. Thank you for your prompt consideration of this urgent request”.
Chileka is yet to comment on matter.
MCP held an elective convention on August 8 to 10, 2024 at Bingu International Convention Centre (BICC) in the capital Lilongwe whereby delegates endorsed President Lazarus Chakwera as the party torchbearer for the 2025 general elections.