Former Judiciary spokesperson Mlenga Mvula has come out of his cocoon to add his voice on reports that two of Democratic Progressive Party (DPP) – sponsored Malawi Electoral Commission (MEC) Commissioners Linda Kunje and Jean Mathanga are not getting their honoraria since June this year despite reporting for duties.
According to media reports, the two are also yet to be offered letters of appointment from government despite taking oath of office.
President Lazarus Chakwera, addressing the Parliament on September 10, said he would not send letters of appointment to the two commissioners because they were found to be incompetent by the Public Appointments Committee of Parliament and the Supreme Court of Appeal.
But writing on his official facebook page Mvula questioned the stand taken by the Tonse Alliance government, saying the move has legal implication.
“Both Kunje and Mathanga are legitimate Commissioners of the Electoral body following their appointment and both took Oath of Office. Secondly, both are entitled to fringe benefits that come with the appointment.
“Thirdly, offer of Letter of Appointment is simply a matter of procedure and not technical aspect in the legal realms.
According to Attiyah on page 49 of Introduction to Law of Contract defines a contract as an agreement that creates a duty and enforceable by the parties in the Court of Law,” wrote Mvula.
he added: “Further adds that the agreement can either be Oral or Written. In other words, a contract can take either a verbal form or non verbal form.
Therefore, Kunje and Mathanga have valid running contracts with Malawians. The Law of Contract presumes that either party to the contract dances to the consequences if there is any breach.
“A contract can also be explicit or implied. Therefore, withholding anything from the two is a breach of contract and the breaching party takes home all the consequences.”
According to the March 2015 revised Conditions of Service, which we have seen, commissioners are entitled has gratuity at the end of the term that shall be at 15 percent of the total earnings of honoraria for the tenure of office.
The conditions of service indicate that Mec commissioners are entitled to K400,000 monthly honoraria. The commissioners also get K10,000 sitting allowances, as well as telephone and internet allowances pegged at K15,000 and $200 (approximately K151,800 according to yesterday’s exchange rate), respectively.
