Injunction granted against President Mutharika’s Executive Order against public health careworkers’ interests in private health facilities

* That prohibits all persons employed by a public hospital or health facility to own, operate or hold shares in a private health clinic or pharmacy

* And further directing all such employees to divest from their interests within 30 days from February 16, 2026 or face dismissal from employment

By Duncan Mlanjira

Applied for by Aubrey Milinda, Davie Kalulu and Wellington Chipofya, the High Court in Lilongwe has granted an injunction against President Mutharika’s Executive Order No. 1 of 2026 that ordered public health careworkers from owning business interests in private health facilities.

Made on March 13, 2026, Justice Howard Pemba granted the relief pending a judicial review, restraining President Mutharika’s administration, its agents, servants, officers or any other person acting on its behalf from implementing the decision prohibiting all persons employed by a public hospital or health facility to own, operate or hold shares in a private health clinic or pharmacy.

The injunction also prohibits the government from further directing all such employees to divest from their interests within 30 days from February 16, 2026 or face dismissal from employment.

President Mutharika’s Executive Order sparked-a-hot-debate on social media — with former Secretary General of the Society of Medical Doctors of Malawi, Dr. Parth Patel offering an analysis that this “should not be framed as government versus healthcare professionals — it is an opportunity to realign ethics and incentives, to strengthen accountability without undermining capacity”.

When he issued on February 16, 2026, President Mutharika emphasised that he solemnly made an “oath to uphold and defend the Constitution of Malawi, which guarantees every citizen the right to access health services without discrimination or deprivation”.

However, he said he “is deeply disturbed by the information that certain health personnel in public health facilities have been soliciting payments from patients as a condition for providing medical services”.

“Other health personnel have been advising patients to attend to their private clinics in order to access better medical treatment. Such conduct is unlawful, unethical, and wholly unacceptable. It is an affront to the patients’ constitutional right to access health services.”

Thus in order to safeguard the constitutional rights of our citizens and restore integrity in the health sector, he has constituted the Executive Order No. 1 of 2026 “that no employee of a government hospital or any other public health facility shall solicit, demand, or accept fee or monetary favours from patients as a condition for receiving health services”.

“Any person found engaging in such malpractice shall be summarily dismissed from service and subjected to prosecution under the laws of Malawi,” says the Order, while also indicating that “no person employed by a public hospital or health facility shall own, operate or hold shares in a private health clinic or pharmacy”.

“Any employee currently holding such ownership or shares must divest within 30 days from the date of this Executive Order. Failure to comply shall result in dismissal and further legal action as appropriate.”