Malawi Local Government Association (Malga) says it has instructed its lawyers to challenge government’s recent decision to redeploy District Commissioners (DCs) in some councils.
This follows a recent decision by government to deploy some DCs to different government departments and central hospitals.
Addressing journalists in Blantyre on Monday, Malga President Dave Maunde argued that the transfers and redeployments are irregular, unprocedural, unconstitutional and a clear violation of the principles of devolution.
He further said there is no provision in the Constitution and or Local Government Act that empowers the Office of the President and Cabinet and or any authority even the Minister of Local Government to redeploy a DC and or Chief Executive Officer to the Central Government.
Maunde said: “We therefore wonder where the Secretary to the President and Cabinet got the powers to redeploy the DCs and Chief Executive Officers and furthermore, we are failing to understand as to whom between the Central Government and Local Authorities will be better placed to know the performance of a DC or CEO.”
According to Malga, section 11 subsection 4 of the Local Government Act Chapter 22:01 of the laws of Malawi, clearly provide that the Minister of Local Government, may transfer a district commissioner and or chief executive officer from one council to another in consultation with the Local Government Service Commission.
In her remarks, chairperson for Nsanje district council, Rose Makiyi, vowed to block the removal of their district commissioner Dr. Medson Matchaya saying they were not consulted and that he is a performer.
“We the councillors together with chiefs and all the communities are totally against the removal of Dr Matchaya and we are going to present our petition to the authorities to reverse the decision,” She said.
According to a letter signed by Secretary to the President and Cabinet, Colleen Zamba, 10 DCs and two chief executive officers were redeployed to central government.
However, during the recent 16th Annual General Assembly, Malga resolved that no DC or chief executive officer should be transferred without the consent of the concerned councils.
