By Watipaso Mzungu JNR:
Malawi’s renowned governance and human rights advocate Undule Mwakasungula has taken to task Chief Secretary to the Government, Justin Saidi, accusing him of giving improper advice to President Professor Arthur Peter Mutharika and dragging the presidency into an alleged procurement scandal at the Electricity Supply Corporation of Malawi (ESCOM).
In a hard-hitting statement issued in Lilongwe on Saturday, Undule joined other citizens and civil society voices in expressing deep concern over reports alleging political interference in ESCOM’s procurement process for transformers and wooden poles.
He warned that if the allegations are substantiated, the episode threatens transparency, accountability, and the integrity of Malawi’s public procurement system.
According to Mwakasungula, the reports raise serious questions about adherence to Malawi’s public procurement laws and good governance principles.
“This scandal has the potential of undermining public confidence in state institutions and the integrity of procurement systems that are meant to operate independently, fairly, and in accordance with the law,” he stated.
He emphasized that public procurement is governed by clear laws and procedures designed to ensure fairness, transparency, competition, and value for public resources. Those procedures, he argued, exist to protect public institutions from undue influence and to ensure contracts are awarded on merit and compliance with established requirements, not political connections.
According to reports cited in the statement, ESCOM had already completed its procurement process and identified successful bidders in line with guidelines from the Public Procurement and Disposal of Assets Authority (PPDA). The process was at the award stage when it is alleged that the Office of the President and Cabinet (OPC) intervened after concerns were raised regarding some of the companies involved.
“Such reports have naturally created public interest and concern because procurement decisions should be made by the responsible procuring entity and not through political direction,” Mwakasungula said.
He grounded his critique in the 2025 Public Procurement Act, which he said clearly demarcates roles. Under the Act, procuring entities like ESCOM are responsible for conducting procurement processes and making award decisions. PPDA provides oversight and issues “no objection” approvals where required by law and thresholds are met.
“The law does not clearly provide for presidential clearance or approval of procurement awards,” he noted. “Any involvement by political authorities in procurement decisions risks undermining the independence of institutions and the integrity of the procurement system.”
He argued that once political authorities insert themselves into operational procurement decisions, the independence of technical institutions is compromised and public perception shifts from merit-based selection to political patronage.
Mwakasungula said if President Mutharika was indeed requested to provide clearance on a procurement matter that falls squarely under ESCOM and PPDA, then serious administrative questions arise.
“The Office of the President should not be placed in a position where it becomes directly associated with operational procurement decisions. Such actions expose the President to unnecessary public criticism and create perceptions of political influence where procurement decisions should be guided strictly by law and procedure,” he said.
He then focused attention on Chief Secretary Justin Saidi, who serves as Secretary to the Office of the President and Cabinet. As the government’s top civil servant, Saidi is the custodian of administrative procedure and the President’s principal adviser on governance and institutional matters.
“It is important to establish why a procurement matter within the mandate of ESCOM and the PPDA was allegedly escalated for presidential consideration, as this appears inconsistent with principles of institutional independence and proper administrative procedure,” Mwakasungula said.
“If true, it raises concerns that the President may have been improperly advised by the Secretary to the Office of the President and Cabinet to intervene in a matter that should have remained within the jurisdiction of the relevant institutions.”
Mwakasungula warned that the implications extend beyond ESCOM, saying each time a technical institution is overruled or redirected by political authority, the message sent to Malawians is that the law is optional and political power trumps procedure.
“That is how corruption takes root. That is how public trust collapses. ESCOM is already battling credibility problems over blackouts, revenue losses, and infrastructure failures. Adding allegations of political interference in procurement only deepens the crisis,” he said.
Mwakasungula stressed that Malawians deserve assurance that transformers and poles meant to stabilize the national grid were procured through a clean, competitive, and lawful process – not through backroom instructions.
In the interest of the rule of law, institutional independence, and the credibility of the Presidency, Mwakasungula made three specific demands:
1. Chief Secretary Justin Saidi should refrain from involvement in procurement matters and allow ESCOM and PPDA to carry out their mandates independently, in accordance with the 2025 Public Procurement Act and established procedures. He must stop advising the President to intervene in technical operational matters.
2. For the sake of preserving the integrity of the public procurement system and safeguarding the credibility of the Presidency, any alleged presidential directive relating to this procurement process should be withdrawn. “The Presidency must not be used as a clearing house for tenders,” Undule said.
3. The Anti-Corruption Bureau (ACB) should conduct a thorough and independent investigation* into any alleged anomalies in this procurement process. Where concerns of irregularities or political interference exist, Malawians deserve answers, not silence.
“These actions would help reaffirm government’s commitment to the rule of law, institutional independence, transparency, and fair competition. Anything less will confirm public fears that Malawi’s procurement system is being hijacked for political convenience,” he emphasized.
“Malawi cannot afford another procurement scandal at a time when citizens are demanding better service delivery and accountability. The Chief Secretary must do the right thing, protect the President from unnecessary exposure, and allow institutions to work as the law intends,” he concluded.
There was no immediate response from Saidi as he is reportedly out of the country.
