Police Officer Denied Secondment to Botswana Loses High Court Battle

**Malawian Police Officer’s Attempt to Challenge Secondment Withdrawal Denied by High Court**

*Lilongwe, Malawi – September 1, 2026* – The High Court’s Civil Division has refused to grant a Malawian police officer permission to pursue judicial review proceedings concerning the abrupt cancellation of her secondment to the Southern African Development Community (SADC) Secretariat in Gaborone, Botswana.

The officer, **Nolliettie Chihana Chimala**, had been approved for the secondment by the Malawi Police Service and had accepted the posting. The arrangement was later withdrawn after the police service cited a lack of a dedicated budget to support the deployment.

Represented by private‑practice lawyer **Wesley Namasala**, Chimala filed an application for judicial review, arguing that the withdrawal was procedurally unfair, irrational, and violated her legitimate expectation to assume the role. The respondents – the **Inspector General of Police**, named as the first defendant, and the **Attorney General**, represented by lawyer **Chrispin Kalusa** of the Attorney General’s Chambers – contended that the dispute was fundamentally contractual and employment‑related, and therefore not suitable for judicial review.

Presiding Justice **Howard Pemba** ruled in favor of the respondents, stating that the matter arose from an employment‑related secondment arrangement and was “predominantly private and contractual in nature.” Consequently, the court denied Chimala’s request for judicial review, directing her to pursue any grievances through “the appropriate ordinary civil channels.”

The judgment also clarified the legal position of police officers in Malawi with respect to labour legislation. While police officers are excluded from the protections of the **Labour Relations Act**, the court noted that this exclusion does not deprive them of the ability to seek redress in ordinary courts. The ruling affirmed that the **Industrial Relations Court** lacks jurisdiction over police employment disputes, but civil courts retain authority to hear such cases.

The decision underscores the procedural boundaries for challenging employment decisions within the public sector and signals that disputes of this nature must be addressed through standard civil litigation rather than judicial review.

Article source: allafrica.com | Image credit: Nyasa Times