Tag Archives: NonGovernmental Organizations Regulatory Authority (NGORA)

Politics

NGORA Chief Chileka Banda hits back at critics “I have not flouted any law for showing interest in political position”

MaraviPost

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.

Malawi, Politics

Parley summons NGORA Chief Chileka Banda for activily contesting in MCP Convention without resignation

Maravi Post Reporter

LILONGWE-(MaraviPost)-The Parliamentary Committee on Appointment Committee (PAC) is summoning Non-Governmental Organisation Regulatory Authority (NGORA) Chief Executive Officer Edward Chileka Banda for taking part in politics while serving as a public servant.

But Chileka Banda, who recently contested at a Malawi Congress Party (MCP) convention as Director of Youth, hinted that he has not flouted any law worth his reprimanding.

Section 193 (2) (a) of the Republican Constitution states that civil servants aspiring to engage in partisan politics must first resign from their official duties.

In addition, Regulation 24 of the Civil Service Regulations deplores any political activity that interferes with the performance of one’s duties as a civil servant, saying doing so constitutes an offence.

“I am not holding any political office
But despite the two provisions, Chileka Banda did not resign before contesting for the position of director of youth at the MCP convention”, defended Chileka

His counterpart Jessie Kabwira, however, resigned as director of Malawi School of Government Kanengo Campus in Lilongwe before contesting for the post of MCP publicity secretary a fortnight ago.

PAC chairperson Joyce Chitsulo told Nation on Sunday that the committee will act on the matter.

“In the meantime, we are waiting for a legal opinion from Parliament’s Legal Section,” she said.

Echoed the same, Public Accounts Committee (PAC) of Parliament chairperson Mark Botomani said Chileka Banda’s situation needs to be addressed as a matter of urgency.

He said his action borders on impunity.

Said Botomani said, “Our laws ought to apply to everyone regardless of their party affiliation. Impunity must, therefore, not be condoned.”

This comes barely days after Forum for National Development (FND) on Wednesday, August 21, 2024 wrote Parliament’s Legal Affairs Committee to summon Chileka Banda for flouting the law.

In the letter signed by its national coordinator Fryson Chodzi, FND claims that prior to approaching the committee, it first wrote Secretary to President and Cabinet Colleen Zamba and Chileka Banda.

“However, despite this communication, no action has been taken by Ngora, necessitating our appeal to your esteemed office.

“The integrity of our public institutions and the trust placed in them by Malawians depend on their adherence to legal and ethical standards. We trust the committee will handle this matter with the urgency and seriousness it deserves,” reads FND letter in part.

The letter further states that the organisation was compelled to move the parliamentary committee given the alleged violations.

It cites Section 60 (3) of the Constitution and Parliament Standing Order 159, which give the committee authority to summon any person or institution and produce any documents required for its deliberations.

Our efforts to speak to Zamba, Comptroller of Statutory Corporations Peter Simbani and Ngora board member Arthur Chingoka proved futile as their phones were out of reach on Friday.

But in response, Chileka Banda described the forum’s request 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. It is under the Ministry of Gender, Community Development and Social Welfare.

Minister of Gender, Community Development and Social Welfare Jean Sendeza is yet to comment on the matter.

Politics

FND wants SPC Zamba to act on NGORA Chief Edward Chileka’s involvement in MCP convention

MaraviPost

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.