High Court Reinstates ESCOM HR Director Banda Through Stay Order

The High Court in Blantyre has reinstated Electricity Supply Corporation of Malawi (ESCOM) Director of Human Resources and Administration Chrispin Banda through a Stay Order, following his secondment to the Malawi School of Government (MSG) as a lecturer on November 17, 2025.

The ruling comes just five days after another High Court judge in Blantyre, Justice Allan Hans Muhome, issued a similar Stay Order reinstating ESCOM Chief Executive Officer (CEO) Kamkwamba Kumwenda to his position on December 24, 2025.

Banda and Kumwenda were among three senior ESCOM executives who had been seconded from the utility company to public universities. Banda was sent to MSG, Kumwenda to the Malawi University of Business and Applied Sciences (MUBAS), while Chief Operations Officer Maxwell Mulimakwenda was seconded to Mzuzu University (MZUNI) as a lecturer. The secondments sparked legal challenges, with the affected executives arguing that the decisions were unlawful.

In his application, filed through lawyer Bentry Nyondo of Ritz Attorneys at Law, Banda argued that his employment with ESCOM is governed by a contractual agreement under which he reports solely to the ESCOM Board, not external authorities.

Nyondo further contended that the office of the Chief Secretary to the Government, while constitutionally established, must operate strictly within the bounds of the law. “The holder of the office of the Chief Secretary, which is a creature of the Constitution, can and must only exercise lawful authority,” Nyondo argued.

Meanwhile, Attorney General Frank Mbeta has indicated that the government intends to challenge both Stay Orders, signaling that the legal battle over the secondments of ESCOM executives is far from over.

The court decisions have raised broader questions about executive authority, governance of state-owned enterprises, and the limits of administrative power in personnel management. Legal analysts say the final outcome of the cases could set an important precedent regarding the autonomy of parastatal boards and the rights of senior executives under contract. The matter is expected to return to court as substantive hearings proceed.

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