The simultaneous holding of multiple public offices by Norman Chisale and George Partridge has the high potential of compromising public service integrity and violating specific Malawi laws regarding conflict of interest and the independence of key state institutions.
For starters, Norman Chisale’s simultaneous roles as a presidential bodyguard (a public office/public service role), a Member of Parliament (MP, a legislative role), and a deputy minister (executive role) raise significant concerns regarding the separation of powers and potential conflicts of interest.
It is interesting to note that Malawi’s Public Service Regulations require public servants to avoid conflicts of interest and place their full professional attention on government work.
Obviously, serving concurrently in an executive and a legislative role blurs the lines between government branches.
In fact, the bodyguard role, in particular, is a security function that should remain separate from political appointments to avoid potential abuse of power or undue influence.
In other words, holding a security function as a public servant by Chisale concurrently with a political and legislative role creates an inherent conflict regarding loyalty, time commitment, and the potential for a lack of impartiality.
The Malawi Constitution emphasizes that all persons exercising state power do so on trust and must act in accordance with their lawful authority and responsibilities to the people, which is challenged by competing loyalties and functions.
Recently, George Partridge’s appointment as Governor of the Reserve Bank of Malawi (RBM) while serving as the Minister of Industrialisation, Business, Trade and Tourism, is a clear violation of Malawi law and compromises the RBM’s vital independence.
As a matter of fact, the RBM is tasked with formulating and implementing price and financial stability policies, functions that require absolute independence from political interference.
A Minister, by definition, is a political appointee who serves at the pleasure of the President and is involved in government policy and the national budget.
The dual role creates a direct conflict, as the Minister’s political and fiscal objectives have the potential of contradicting the RBM’s mandate for impartial monetary stability.
In fact, the Reserve Bank of Malawi Act, No. 3 of 2019, explicitly addresses this conundrum.
Explicitly, Section 17(2)(a) and (c) of the Act is unambiguous, stating that no person may be appointed or remain Governor of the RBM if they are a Minister.
Furthermore, Section 11A of the Act requires directors (which includes the Governor) to disclose in writing any interests that may conflict with their functions and not perform functions related to that matter.
Additionally, Section 11(1) of the same act reinforces the RBM’s independence, stating that the Bank shall not be subject to direction by any person or authority, with improper influence being an offence.
These dual roles obviously undermine the principles of accountability, transparency, and the rule of law enshrined in the Malawi Constitution.
In conclusion, President Mutharika is urgently requested to resolve the aforementioned anomalies.
