Court stops APM a at nurses, midwives council

The High Court of Malawi has stopped President Peter Mutharika and Comptroller of Statutory Corporations from appointing Chrissy Kamwachale as registrar and chief executive officer (CEO) of Nurses and Midwives Council of Malawi.

The action follows a move by National Organisation of Nurses and Midwives of Malawi (Nonm) and Association of Malawian Midwives (Amami) who are challenging Kamwachale’s appointment of April 30 2026.

The order dated May 29 2026 stops the President or Comptroller of Statutory Corporations Stuart Ligomeka from implementing, giving effect to or acting upon the decision to appoint Kamwachale as the council’s registrar or CEO.

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Reads in part the order: “The defendant’s decision of appointing Dr. Chrissy Kamwachale as the registrar or chief executive officer of Nurses and Midwives Council of Malawi be and is hereby suspended pending determination of judicial review proceedings.”

Before obtaining the injunction, the two organisations issued a joint protest petition dated May 18 2026 and addressed to the Comptroller of Statutory Corporations. It was signed by Nonm executive director Chifundo Colleta Zimba and Amami president Keith Mumudelanji Lipato.

Nonm and Amami lawyer Mauya Msuku said in an interview on Thursday that their main argument is that by law, appointment of the registrar and all top management of the council is the mandate of its board.

“Any appointment that bypasses the board therefore is against the law. The bottom line is that our argument is that by law, government cannot appoint the registrar except through the board,” he said.

Attorney General Frank Mbeta said he needed time to consult on the issue.

But in an interview on Thursday, private-practice lawyer Benedicto Kondowe said any public appointments must comply not only with the guiding statute but also with the Constitution and general principles of administrative law, including legality and merit.

He said: “If it is alleged that the appointment departed from the statutory process or other legal requirements, the courts are entitled to review the decision.

“The injunction merely preserves the status quo pending judicial determination and should not be interpreted as a finding that the appointment was unlawful.”

He further observed that the increasing challenges to public appointments demonstrate that executive discretion is subject to scrutiny where there are allegations of procedural impropriety or failure to comply with statutory requirements.

In their earlier petition, Nomn and Amani said the Registrar and CEO should be one conversant with a number of disciplines, namely regulatory and statutory governance, professional licensure and accreditation systems, national policy and institutional reform leadership.

Two weeks ago, Parliament’s Public Appointments Committee cleared the appointments of Brian Banda and Mayamiko Nkoloma as director generals of Malawi Broadcasting Corporation and Malawi Communications Regulatory Authority, respectively, saying they did not flout any law or procedure.

In April 2026, Youth and Society (YAS) asked the Office of the President and Cabinet to immediately halt politically-motivated appointments in public institutions, citing meritless hiring that burdens taxpayers.

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