Law and order, Malawi

Malawi Attorney General Chakaka Nyirenda shuns Parliament’s PAC

Maravi Post Reporter

By Dorica Mtenje

LILONGWE-(MaraviPost)-The Attorney General (AG) Thabo Chakaka Nyirenda on Tuesday, February 1, 2022 failed to appear before Malawi Parliament’s Public Appointments Committee (PAC) to answer the law of statutory corporations.

According PAC,Chairperson ,Joyce Chitsulo said the AG did not communicate to her as a Chair of which the committee later heard from his secretary that Chakaka left for Blantyre for other duties.

Chitsulo said the committee seeks the AG to scrutinize the law of the statutory corporation, PAC as it observed that the mandate of the Department of Statutory Corporations established through a presidential Decree of 1982, was overtaken by the various Acts of Parliament .

Chitsulo observes that the establishment of independent Statutory Corporations by the Act of Parliament have,among others, granted the authority for the appointment of Chief Executive Officers and the management of the affairs of the corporations to the Boards of Directors for the Corporations.

She said the two sectors contradicts to the legal frameworks for that the Boards of Malawi
Communications Regulatory Authority (MACRA), Malawi Energy Regulatory Authority (MERA), Lilongwe Water Board (LWB) and many other Statutory Corporations established by Acts of Parliament continue to refer their decisions on the appointment of CEOs to the office of the President and Cabinet for endorsement by the Minister responsible for Statutory Corporations.

Chitsulo added that the Committee, therefore, seeks your opinion as to whether the Statutory corporations are required by law to seek the endorsement by the said Minister responsible for Statutory Corporations where the Boards are granted the authority to make appointments.

She said the Committee seeks AG opinion on the relevance of the Department of Statutory Corporations in the management of the Statutory corporations considering that the authority over the affairs of the Boards is now in the hands of the Boards of Directors.

The PAC chair said the committee is concerned by the increase in appointments that are found wanting by the Ombudsman of which in some cases, the Ombudsman has nullified appointments.

She therefore said the committee’s feels that victimization of innocent persons for mistakes made by those that made the appointments In some cases, the nullification have exposed the government to contractual compensations.

Chitsulo therefore said committee wishes to inquire more from the AG as to what action government takes against the individuals that are involved in making irregular appointments.