A coalition of human rights activists and civil society organisations (CSOs) has announced plans to seek judicial intervention over what it describes as persistent interference by the Office of the President and Cabinet (OPC) in procurement processes at state-owned enterprises, warning that such actions could undermine the country's long-term development agenda.
Speaking to journalists in Lilongwe, Human Rights Consultative Committee (HRCC) Chairperson Robert Mkwezalamba said the organisations would file a case in the Constitutional Court to seek clarity on the legal limits of executive involvement in procurement decisions made by public institutions.
"We cannot stand by and watch while the corporate governance system is being broken," Mkwezalamba said, adding that the case is intended to protect the independence of statutory procurement processes.
The planned legal action follows the circulation of leaked official memos that allegedly sought to block certain bidders, including Creck Hardware and Clavic, while favouring other companies in Electricity Supply Corporation of Malawi (ESCOM) procurement processes.
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Mkwezalamba argued that any political interference in procurement could have far-reaching consequences for the country's economic ambitions.
"As a country, we know electricity is crucial for industrialisation. If this continues, we cannot achieve Malawi Agenda 2063," he said.
In a joint statement signed by several CSOs, the organisations stressed that their concerns were not directed at any specific bidder or contract but at protecting the integrity of Malawi's procurement system.
"Our concern is about safeguarding the integrity of Malawi's public procurement system and preserving the independence of institutions established by law," the statement reads.
The groups contend that the leaked ESCOM memo raises important constitutional and legal questions about the extent to which political authorities may influence decisions that are, under the law, the responsibility of procurement committees, controlling officers and other statutory bodies.
They noted that the Public Procurement and Disposal of Public Assets Act requires procurement processes to be guided by principles of transparency, accountability, fairness, competition, value for money and non-discrimination.
The CSOs also pointed to the Malawi Rural Electrification Programme (MAREP) Phase 9, where the government has initiated legal proceedings to recover approximately K1.4 billion in advance payments allegedly made to contractors who failed to fully deliver goods under their contracts.
While acknowledging that the courts will determine the merits of that case, the organisations said it highlights broader concerns about procurement oversight, contract management and accountability in the public sector.
"The greatest victims of such failures are not government institutions or contractors, but ordinary Malawians," the statement said.
According to the CSOs, delays in the MAREP programme have direct implications for rural communities, schools, health facilities and small businesses that depend on expanded electricity access.
The organisations further said they are monitoring reports of a possible out-of-court settlement in the matter and called for full transparency regarding any agreement, including the recovery of public funds and completion of outstanding project components.
Among their recommendations, the CSOs are demanding government clarification on the leaked ESCOM memo and any political involvement in procurement decisions; the reversal of procurement outcomes found to have been influenced by improper intervention, with fresh determinations made by legally mandated structures under the procurement law; consistent enforcement of procurement legislation by the Attorney General, Parliament, the Public Procurement and Disposal of Public Assets Authority (PPDA), the Anti-Corruption Bureau (ACB) and other oversight institutions; greater transparency in the MAREP litigation and any proposed settlements involving public resources; stronger oversight of procurement and contract management across public institutions; and judicial guidance on the constitutional limits of executive involvement in statutory procurement processes.
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The statement concludes that the matter extends beyond any single tender or public official.
"These issues concern the integrity of public institutions, the protection of taxpayer resources and the future of accountable governance in Malawi," it says.
At the time of publication, neither the Government nor the Office of the President and Cabinet had issued a formal response to the concerns raised by the CSOs.
