Court nullifies appointment of nurses council CEO

A leadership shake-up is looming at the Nurses and Midwives Council of Malawi after the High Court in Blantyre delivered a ruling challenging the legality of a key appointment.

The High Court in Blantyre has nullified the appointment of Chrissy Kamwachale as Registrar and Chief Executive Officer of the Nurses and Midwives Council of Malawi, ruling that the decision was unlawful and made without legal authority.

The ruling, delivered by Judge Edna Bodole in Judicial Review Case Number 22 of 2026, effectively prevents Kamwachale from taking up or continuing to hold the position under the disputed appointment.

The court found that the decision to appoint Kamwachale failed to comply with the law and was procedurally unfair and unreasonable.

Judge Bodole further ruled that Kamwachale did not meet the qualifications prescribed for the position and described the purported appointment as “void ab initio”, a legal term meaning that the appointment was invalid from the outset.

The case was determined without a hearing after President Peter Mutharika, who was the first defendant, and Comptroller of Statutory Corporations Stuart Ligomeka, the second defendant, failed to file their defence in the proceedings.

In her judgment, Judge Bodole permanently restrained the defendants, and anyone acting under their authority, from implementing or giving effect to the appointment.

The court stated:

«“The defendants’ decision of April 30 2026 to appoint Chrissy Kamwachale as Registrar and chief executive officer of Nurses and Midwives Council of Malawi is quashed, the same being ultra vires, unlawful, procedurally unfair, and unreasonable.”»

The judgment follows a legal challenge brought by the National Organisation of Nurses and Midwives (NONM) and the Association of Malawian Midwives (AMAMI), which questioned the legality and procedure followed in appointing Kamwachale.

The two professional organisations had also sought to resolve the matter through dialogue with the government.

According to information presented before the court, discussions scheduled for July between the applicants and the Ministry of Health and Sanitation did not take place. The applicants alleged that the government had failed to demonstrate sufficient commitment to addressing their concerns.

The failure to resolve the dispute through engagement ultimately led to the matter being determined by the courts.

Counsel Mauya Msuku, who represented NONM and AMAMI, told Malawi24 that his clients were satisfied with the court’s decision.

Msuku said the appointment had been procedurally unfair and unreasonable, adding that the judgment vindicated concerns raised by the two professional organisations.

The ruling places the government under pressure to ensure that any future appointment to the senior position at the Nurses and Midwives Council of Malawi fully complies with the law and the prescribed qualification requirements.

It also raises broader questions about the procedures followed in appointing heads of statutory institutions and the extent to which executive decisions must comply with established legal and administrative requirements.

There was no immediate comment from the Office of the President and Cabinet (OPC) on the judgment.

The government is now expected to consider its next course of action, including how to fill the leadership position at the Nurses and Midwives Council of Malawi in accordance with the law.