Malawi Communications Regulatory Authority (Macra) deputy director general Francis Bisika has obtained a court order stopping the Malawi Government from dictating the parastatal on his employment contract.
The order, issued by the High Court of Malawi yesterday, has been issued pending a judicial review of Bisika’s case.
In effect, the court order, granted by High Court judge Mike Tembo, means Bisika should return to work after his contract was allegedly withdrawn last week.
Bisika sought court relief after Macra withdrew his contract barely two weeks after the organisation’s extraordinary board meeting renewed it, according to a letter from Bisika’s lawyers Gondwe & Attorneys to Macra board chairperson Mervis Mangulenje.
In the communication, Bisika argues that after he expressed interest for the renewal of his employment contract, Macra met and resolved to renew it for another three years. Thus, his contract of employment was renewed by Macra Board from October 19 2017.
Initially, Bisika was on contract for a period of three years effective October 14 2014.
“Whether out of sheer ignorance of the Communications Act or the board’s ineptitude you wrote our client a letter dated 3rd November 2017 informing our client that government has not honoured his expression of interest for the renewal of his Employment Contract,” reads part of the letter signed by lawyer Chancy Gondwe.
According to a notice of application for permission to apply for judicial review seen by The Nation, Bisika is asking the court for mandatory order compelling Macra to comply with its own resolution made on October 5 2017 to renew his contract for three years.
Mangulenje was not readily available for comment, but Bisika’s lawyer, Gondwe said the order “means that Bisika should return to work”. n