BLANTYRE-(MaraviPost)-The Supreme Justices of appeal comprising Twea, SC, JA, Kamanga, SC, JA, and Chikopa SC, JA on Monday finally ruled in favour of the Ombudsman by stating that the Ombudsman has jurisdiction over the matter and the directives made in the report were binding.
The Court has given the Malawi Government 60 days within which to comply with the directives of the Ombudsman.
This is a landmark judgement in that it clarifies the Jurisdiction of the Ombudsman and also entrenches the roles of the office in as far as accountability of public resources is concerned.
The Supreme Court has promised to provide the full judgement by Thursday 14th February,2019.
The Ombudsman released her investigation findings on the complaint that her office received over the manner in which the Malawi Government sold some tractors and other farm machinery to public officers and other farmers.
In a report titled “The Present Toiling, The Future Overburdened” the Attorney General by way of Judicial review challenged the report and its findings stating that the ombudsman had no jurisdiction and also that some of the directives were unreasonable.
The High Court agreed with the Attorney General and ruled that the Ombudsman had no jurisdiction over the matter.
The Ombudsman appealed against the High Court decision to the Supreme Court with the assistance of renowned Lawyer Modecai Msiska, SC.
Top government civil servants and politicians including Speaker of National Assembly, Richard Msowoya, former vice President Khumbo Kachali, Chief of Staff and operation at State house Peter Mukhito and Foreign Minister Francis Kasaila are among beneficiaries in the infamous tractor gate.
Read full detail on tractorgate;