LILONGWE-(MaraviPost)-Edward Chileka Banda—chief executive officer Non-Governmental Organization Regulatory Authority (Ngora)—has hit back at calls by Parliament’s Public Appointments Committee (PAC) and Forum for National Development (FND) to have him summoned for taking part in politics while serving as a public servant.
In an interview with The MaraviPost, Chileka Banda, who recently contested at a position of Director of Youth at Malawi Congress Party (MCP) convention, has maintained that he has not flouted any law worth his reprimanding.
A week ago, Forum for National Development (FND) National Coordinator Fryson Chonzi, wrote Parliament’s Legal Affairs Committee to summon Chileka Banda for flouting the law.
PAC chairperson Joyce Chitsulo says her committee will act on the matter upon legal opinion from Parliament’s legal section.
As a matter of law, in a 2014 case involving Jessie Kabwila and Malawi Electoral Commission (MEC), High Court judge Justice Dunstan Mwaungulu directed that ‘Dr. Kabwila who was a public officer in the civil service was exempted by Section 193 (3) of the Constitution because she is a person whose functions are not directly concerned with the formulation and administration of the policies of the government.’
Expert argue that from that ruling it is clear that a public servant, not a civil servant, is free to stand in any party elections and is not supposed to resign before contesting.
In a scathing response to FND, Chileka Banda described the forum’s request before Parliament as ill-conceived and misplaced because “there is no law that I flouted”.
“My work at Ngora is not compromised since I am not holding any political office. The Republican Constitution does not criminalise expression of interest. Additionally, Forum for National Development’s credibility must be questioned as their interest is politically motivated.
“First, the forum is illegally operating in Malawi as it is not registered with Ngora. Without it respecting the NGO Act and other laws, this could be a political organisation targeting individuals they deem political opponents,” he said.
Chileka Banda further said any reasonable justice process would dismiss the organisation as it is not working in the public interest.
Ngora was established as a statutory body by an Act of Parliament and its mandate is to register and regulate operations of NGOs in Malawi.