Govt appeals MDF officers redeployment judgement

Malawi Government has filed an application in the Malawi Supreme Court of Appeal to overturn the High Court decision that quashed redeployment of five senior Malawi Defence Force (MDF) officers to the civil service. In a notice of appeal we have seen, Attorney General (AG) Frank Mbeta is seeking two reliefs, including an order setting aside the decision of the High Court and another order dismissing the order for government to bear the costs of the proceedings. He argues that in all circumstances, the decision by High Court Judge Kenyatta Nyirenda was against the weight of evidence presented in the case.

Reads in part the notice: “The learned judge erred in law and in fact in failing to hold that the respondents had an alternative effective remedy ordinary suit against government hence judicial review ought not to have been granted to them. “The learned judge erred in law and in fact in holding that Section 17 of the Police Service Act does not give the appellant power to make the challenged decisions and that, therefore, the appellant acted ultra vires.” Senior counsel Alan Chinula, who is representing the five MDF officers, yesterday confirmed in a WhatsApp response that he had been served with the notice. “All I can say is that we are ready to face the AG in the Supreme Court of Appeal,” he said.

In his ruling delivered on February 12 2026, Nyirenda said the authority to second defence officers is vested in the President and can only be exercised on the recommendation of the Defence Council. “The Secretary to the President and Cabinet never had any powers that he purported to exercise in the secondment case,” reads part of the judgement. Government redeployed Major Generals Chikunkha Soko, Saiford Kalisha, Swithan Mchungula and Kakhuta Banda and Brigadier General Harold Dzoole to various State-onwed companies as directors of security.