Former Anti Corruption Bureau (ACB) Director of Legal and Prosecution, David Bandawe is demanding K88 million from the Bureau for breach of his employment contract.
In a letter dated February 18 2016, addressed to the ACB Director General, Lucas Kondowe, Bandawe claims that the Director General (DG), failed to comply with a contract renewal clause in the offer letters dated July 2, 2009 and June 3, 2013.
“The letter stated that my contract cannot be renewed on account of reaching the alleged ACB retirement age of 55 knowing very well that this is against the prescribed Malawi Government retirement age of 60,” he said.
Bandawe said he was notified that his contract was not renewed through a letter dated June 19 2015 which was placed on his office desk.
“The Director General was at all material times aware that there is an internal policy that an employee should be notified of a rejection or renewal of a contract three months before the contract terminates. But the DG failed to comply with this requirement which is an unfair labour practice,” Bandawe said.
Bandawe is claiming salary for 27 months at K27 million, 25 percent gratuity on 36 months salary which amounts to K9,000,000.
He is also claiming compensation for the use of vehicle for 27 months at K13,810,500 and also K2,160,000 for a security guard while airtime is amounting to K1,080, 000.
Bandawe said Article 01.06.1(a) of the ACB conditions of employment was an illegal clause because it was not in tandem with government retirement age of 60.
He said the DG was at all times aware that the government through the Secretary for Human Resource Management and Development (HRMD) in its circular Ref No. HRM/P&G/01/65 dated May 16 2006 placed the retirement age of all civil servants at 60 years.
“The circular issued by Secretary to HRMD was issued pursuant to Section 29 of the Public Service Act which mandates the minister responsible for the civil service to regularly revise the mandatory retirement age of all civil servants by publishing the same in the government gazette. I, therefore, had reasonable expectation that the Director General would not invoke an illegal clause to maliciously force me to retire before the mandatory retirement age of all civil servants which is 60 years,” he said.
ACB spokesperson, Egrita Ndala, said Bandawe signed a contract with the bureau which expired at a time when the bureau’s mandatory retirement age was 55. She said the bureau gave him a nine months, month to month contract for him to wind up work on some of the matters he was working on saying the contract expired on March 31.
“The policy he is referring to applies only to people who are still eligible to continue not those going on retirement. You do not give a notice to a person who is going on retirement as each person is aware of when they will retire,” she said.
Ndala said the Bureau has not received any lawsuit adding that Bandawe should go to court if he has any claim against the bureau not the media.
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