Police officer denied secondment to Botswana loses High Court battle
A Malawian police officer lost a High Court battle to challenge the withdrawal of her secondment to a regional body in Botswana. The court ruled that the dispute is contractual and employment-related, meaning it cannot be resolved through judicial review.
Why it matters
This case clarifies the legal avenues available for police officers in Malawi to challenge employment decisions, distinguishing between administrative and civil law.
A Malawian police officer has been dealt a legal blow after the High Court’s Civil Division refused to allow her to pursue judicial review proceedings against the Inspector General of Police and the Attorney General, over the shock withdrawal of her secondment to the SADC Secretariat in Gaborone, Botswana.
Nolliettie Chihana Chimala had successfully applied for secondment from the Malawi Police Service and accepted the prestigious posting, only for the arrangement to be pulled after police cited a lack of dedicated budget to support it.
Represented in court by private practice lawyer Wesley Namasala, Chimala challenged the decision, arguing it was procedurally unfair, irrational, and breached her legitimate expectation of taking up the role.
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