LILONGWE-(MaraviPost)-Ombudsman Grace Malera on Friday, October 25, 2024 ordered Ministry of Land to provide land to former employee Paul Lungu.
Malera made the determination in accordance with section 126 of the Ombudsman Act,
The Ombudsman said the respondent ministry should formally write a letter of apology to the complainant within seven days from the day of verdict.
She added that the ministry should put up the compilation of the long outstanding applications waiting list of the applicants from 2004 to 2022 to ensure the allocation of the plots.
The Ombudsman further said the Lands Ministry should undertake an intensive inspection exercise to determine the plots that the ministry allocated.
She therefore called upon the ministry to expedite the process of the finalization of the formulation and adoption of guidelines for the distribution of lands/plots allocation and strictly implement such guidelines.
The Ombudsman observes further that in accordance with section 123 (2) of the constitution and section 8(5)of the Ombudsman Act, any party dissatisfied with the determination and with sufficient interest in the matter is at liberty to apply for review to the high court within 30 days from the date of being notified.
The Ministry of Land Commissioner for Lands, Gracious Tembo therefore agreed to comply with the ombudsman’s determination as it is in accordance with the law.
Ombudsman receives 3,000 complaints yearly from different individuals including stakeholders.
Helen Buluma still acting as NOCMA executive director
LILONGWE-(MaraviPost)-The Board of Directors of National Oil Company of Malawi (Nocma) has opted to ignore the determination of the Ombudsman for it to nullify the recruitment of Deputy Chief Executive Officer (CEO) Hellen Buluma.
When asked for a comment Monday, Buluma referred Daily Times Nocma Communication and Public Relations Manager Rex Chikoko.
Chikoko asked for ample time before he could comment on the issue.
Nocma Board Chairperson Colleen Zamba, who is also the Secretary to the President, could not respond to the questions we posed to her on Buluma’s determination.
In her determination last month, Ombudsman Grace Malera gave the Nocma Board 30 days to nullify Buluma’s appointment as CEO and report back to her on action taken.
But sources at the Office of the Ombudsman told The Daily Times Monday that they had nothing concrete from Nocma on the action taken on Buluma as at Friday. told
When contacted Monday, Malera confirmed that her office had not received any communication from Nocma Board by midday Monday.
On October 25, Buluma summoned fuel transporters to a meeting at Golden Peacock Hotel in Lilongwe to discuss modalities for payment of fuel.
But Malera says her office is not aware that Buluma is still discharging her duties at Nocma.
Section 9 of the Ombudsman Act (Chapter 3:07 of the Laws of Malawi) says that an Ombudsman has an obligation to compile a full report in respect of every matter inquired into or investigated into, and which has not been rectified or remedied as contemplated in the Ombudsman Act, to the satisfaction of the Ombudsman, and to submit such report as soon as possible to the Speaker of the National Assembly, and transmit a copy of such report to the Cabinet and any other relevant organ of government.
“In view of this provision, if my office does not receive a report from Nocma Board confirming that Nocma has implemented the directives that were issued in the determination, I will be transmitting forthwith a report on non-compliance with the determination in question to the Parliamentary Legal Affairs Committee and the Speaker of Parliament for the necessary action of these authorities,” Malera said.
Presenting her determination on September 30 2022, Malera said the investigation found out that Buluma was hired following a directive by former president Peter Mutharika.
Buluma, during the inquiry, admitted to have not applied for the post but insisted she had the necessary skills, experience and qualifications, a defence which Malera trashed.
Such an appointment, according to Malera, flouted Section 4 of the Public Service Act which provides for an open and competitive process of recruitment by way of advertisement for executive positions in government.
LILONGWE-(MaraviPost)-The Ombudsman Grace Malera on Friday, September 30, 2022 directed that the appointment of Deputy Chief Executive Officer of National Oil Company of Malawi (NOCMA) Helen Buluma be nullified forthwith.
Malera orders also that Buluma contract be treated as it never happened and no benefits should be paid for the time served.
Embattled Helen Buluma
The Ombudsman therefore also directed that Buluma’s contract should be terminated forthwith arguing that her recruitment was illegal.
According to Ombudsman’s determination, Buluma should not be allowed to benefit from an illegality.
The Ombudsman has also found that at the time of Buluma appointment, the position of deputy CEO did not exist in Nocma’s establishment.
Malera says evidence from Office of President and Cabinet (OPC) on the recruitment of Buluma shows that she was appointed through a presidential directive in 2019.
Ombudsman Grace Malera
The Ombudsman made the determination after the office received four complaints from different complainants including Human Rights Defenders Coalition (HRDC), some NOCMA employees and Fuel Tankers Association.
Malera says after analyzing the complaints, she found that the complaints were within her office’s jurisdiction.
LILONGWE-(MaraviPost)-Office of Ombudsman has disclosed that is owing landlord MK73 million in rentals following government’s delay to make the payment.
This was made known on Tuesday after official from the office appeared before Public Accounts Committee (PAC) on the misrepresentation of fills.
Ombudsman Grace Malera
Ombudsman Grace Malera mentioned that currently, government has allocated land for their office which they expect to do away with rental issues for good.
Malera said the rental bill yet to be paid was initially at 120 million before government settled 40 million and currently, the remaining balance is 70 million.
She has called upon donors who can help in settling the bill to come in while the public body is waiting for government to come with along term solution.
In his remarks ,PAC Chairperson ,Shadrek Namalomba said rentals is a budgeting issue and a committee will reason with the authorities to pay rentals.
Namalomba said the Committee sympathizes with the Ombudsman and it will try to lobby for their funds in the August house.
He has urged the office of Ombudsman to be responsible in filling the reports as it a very important office that deals with people’s grievances.
LILONGWE-(MaraviPost)-The Malawi High Court in Lilongwe on Friday February 11, 2022 set February 23 for the hearing of judicial review of Ombudsman’s ruling on Henry Kachaje’s recruitment as Malawi Energy Regulatory Authority’s (MERA) Chief Executive Officer.
A can of worms opened when aspirant for the CEO position Richard Chapweteka sought solace from the Ombudsman claiming that he was the successful applicant not Kachaje.
According to Chapweteka, the then Chairman of MERA board of directors, Pempho Likongwe disclosed to him before the interview results were communicated.
Kachaje was accused of lacking enough qualifications for the post as it transpired that he did not have a Master’s Degree at the time he was attending interviews for the position.
The Ombudsman Grace Malera, was set to make a briefing on Kachaje’s appointment last year before MERA obtained an injunction restraining Ombudsman from releasing a report on the dubious appointment of Henry Kachaje as Chief Executive Officer of the state owned company.
The court is expected to review the ruling on the alleged dubious appointment of Henry Kachaje as Chief Executive Officer of MERA on 23 February, months after the postponement of the case.
BLANTYRE-(MaraviPost)-The High Court Judge Justice Kenyatta Nyirenda has refused to vacate an injunction that stopped Ombudsman from officially releasing a report that nullifies the appointment of Henry Kachaje as Malawi Energy Regulatory Authority (MERA) chief executive officer.
Justice Kenyatta Nyirenda, has made the ruling following an application by the Ombudsman to discharge the injunction.
Nyirenda has also dismissed an application by the Ombudsman to discharge permission for judicial review which MERA board was granted.
Nyirenda said the Ombudsman’s argument that the injunction was wrongly granted lacks merit. The ruling means the injunction may only be vacated after a judicial review on the issue.
Ombudsman Grace Malera was served with the injunction on 10 November 10, 2021 in Lilongwe after she had already started presenting to the press the investigative report into the irregular hiring of Kachaje.
The report, which had already been shared with various stakeholders at the time, faulted MERA board for hiring Kachaje to a position that requires a master’s degree when Kachaje had no master’s degree at the time he was being offered the job.
The report further directed MERA to nullify the appointment of Kachaje and withdraw his contract and benefits.
BLANTYRE-(MaraviPost)-The office of the Ombudsman has finally filed an application to vacate an injunction which currently restricts the Ombudsman from officially releasing a report that nullifies the appointment of Henry Kachaje as Malawi Energy Regulatory Authority (MERA) chief executive officer.
Ombudsman Grace Malera has told the local media that her office has today filed an application to discharge the injunction.
Malera added that the court is expected to set a date for the hearing of the application.
The Ombudsman was served with the injunction on November 10, 2021 in Lilongwe after she had already started presenting to the press the investigative report into the irregular hiring of Kachaje.
The report, which had already been shared with various stakeholders at the time, faulted MERA board for hiring Kachaje to a position that requires a master’s degree when Kachaje had no master’s degree at the time he was being offered the job.
The report further directed MERA to nullify the appointment of Kachaje and withdraw his contract and benefits.
Out of shame, Kachaje deactivated his social media accounts for fear of reprisal.
Ladies and gentlemen, hail the new Ombudsman Grace Malera !
”Court gags Ombudsman” read one headline, and “Mera backs CEO Kachaje” read another. This was on Thursday, 11 November 2021.
It has been a hell of a week, one which Malawi Energy Regulatory Authority (Mera) Board Members would want permanently expunged from the annals of history.
Good for us, and tough luck to them; the genie is out of the bottle, and all they have is rotten egg all over their faces.
Where should I begin?
I had wanted to discuss President Lazarus Chakwera’s recent remarks whereby while he and his own – thanks to tax and toll-free payers – are drowning in allowances, he is asking for “patience” from the broke majority. The very lot that voted for him and, yes, the same people suffering under a twin yoke of taxes and inflation.
So, while Malawians are tumbling and failing to rise above the overwhelming waves of inflation and taxes, President Chakwera would want them to economically “suffocate” without disturbing his peace or inundating his inbox.h
I, for one, never thought I would live to hear this. At any rate, not from a self-titled servant leader. But here we are. As I have said, this can wait.
Since President Chakwera has dropped all pretence, abandoned pretentious campaign pledges, and plagiarized the more lucrative ”Here-today, there-tomorrow” from Siku Motors, we are assured of a good three years’ worth of daily speeches, which we will be discussing. So, let’s save the ungrateful lectures for another day.
On Wednesday, the High Court granted an injunction to the Malawi Energy Regulatory Authority (Mera), stopping Ombudsman Grace Malera from releasing an investigations report dubbed ‘Curbing Impunity on Alleged Unprocedural and Irregular Hiring of Mera Chief Executive Officer (CEO), Henry Kachaje’.
The drama started at 10:10am. Court officials stormed into the briefing room, presented Ms Grace Malera with court injunction documents, and curtailed her briefing some 10 minutes into the discourse.
Good for us, and tough luck for Mera, she had already shared copies of her determination with the concerned and affected parties before the briefing and the injunction – if anything – created a Streisand Effect, a phenomenon named from entertainer Barbra Streisand.
In 2003 Ms Streisand sued a photographer and a website after publishing a photo of her mansion against her wishes. Before the suit, no one wished to know the type of abode she had or dwelled in.
After news of the lawsuit, thousands thronged to the website to feed their eyes and satiate their now peaked curiosity. This is precisely what Mera’s injunction achieved.
As we speak, save for partisan groups where party hacks see nothing wrong with the compromised, questionable and dubious recruitment, fake degrees and bogus professor’s racket exposed by the Ombudsman; Mera, its CEO and his infamous MBA are the butt of all sorts of jokes.
Credibility and hitherto presumed integrity are in tatters because the 73 page and 30,753-word long report painstakingly catalogues what can, at best, be termed a charade devised to prevent other genuinely qualified aspirants for someone who should never, in the first place, have been under consideration.
Thanks to the ill-advised injunction, the report has sold like a hot cake.
In a nutshell, Ombudsman Grace Malera faults Mera for shortlisting Kachaje when none of the documents submitted in his application purportedly listed the said master’s degree, which Mera had indicated was required when advertising for the post.
The determination further revealed that the purported master’s degree, produced by Kachaje later after the interview, was from an institution that is not accredited and which Professor Danwood Chirwa – an esteemed academic – swears is a diploma mill.
Reads part of the determination: “Under the circumstances, as established by the inquiry, I must conclude that the board of Mera flouted all required due diligence processes in proceeding to interview Mr Kachaje regardless.
”The board placed Mr Kachaje in an advantaged position over the rest of the candidates by proceeding to shortlist him when he had not met the requisite criteria. This was not only manifest unfairness, it was actual unfairness and is tantamount to maladministration.”
Malera said a person becomes certified for an academic qualification upon conferment, usually indicated on a duly and authoritatively signed certificate.
She observed that in the case of Kachaje, the date is presented as 26 August 2021.
She said: ”Mr Kachaje was, therefore, erroneously, unprocedurally, and irregularly recruited considering that even if he can be said to have been a holder of a master’s degree in business administration, the same was acquired after the fact, i.e. on 26 August 2021, after the offer was made on 19 August and he accepted it on 24 August.”
The Ombudsman concludes by saying; ”In proceeding at all material times from the point of shortlisting to the point of the offer and acceptance of the employment contract on the premise that Mr Kachaje held Master’s Degree, which was a requisite minimum requirement, when in fact this was not the case, the whole recruitment process was founded on voidable premises, and therefore void ab initio, on which premises the purported recruitment of Mr Kachaje is a nullity.”
Now, what can we make of this saga?
The first thing is that in keeping with the current administration’s shameless reneging of campaign promises, Mera Board is merely toeing the line of the appointing authority.
As stated earlier this year, the assumptions and conditions under which the campaign pledges were made changed, and the Chakwera administration can no longer be held accountable for its promises.
Merit and truly competitive hiring must therefore go to hell and hang.
The second thing is that although party hacks were thrilled a couple of months ago with the rubble cleaning bit performed by Ms Chalera’s predecessor, rubble – according to Malawi Congress Party (MCP) – is only rubble when it sympathises with other political parties.
Let rubble be made in or be affiliated with MCP, and all its “sins” are forgiven, and bogus degrees awarded by equally phoney professors become as white as snow.
Exceptions thus made for party loyalists and woe unto them who dare expose untouchable pro-MCP rubble. Since every cloud has a silver lining, at the end of the tunnel is a shimmering light.
When Madam Martha Chizuma moved to the Anti-corruption Bureau (ACB), some well-meaning Malawians were concerned that her shoes would prove too big to fill. Others even suggested that Malawians would rue the day they lobbied for Chizuma’s re-assignment.
Well, it turns out that Madam Chizuma is not a lone star. Among us are a lot of diligent women of substance who, given half a chance,
• can withstand the machinations of goalpost shifting shady boards,
• scoff at unaccredited degrees and,
• shun bogus professors and their disciples, in their noble and admirable mission to reset and reboot Malawi.
Ladies and gentlemen, hail the new Ombudsman! May the good Lord strengthen and protect her from forces of darkness!
LILONGWE-(MaraviPost)– Ombudsperson Grace Malera has nullified the appointment of Henry Kachanje as Malawi Energy Regulatory Authority (MERA) Chief Executive Officer (CEO)
However a court injunction was issued to Ombudsman on Wednesday morning, November 10, 2021 prior to the release of the report.
The court injunction was to save embarrassment from illegally appointed Kachaje.
However, the contents of the report have not failed to reach the public.
The Ombudsman office instituted investigations into the appointment of Kachaje after being moved by Malawi Electoral Commission (MEC) commissioner, Richard Chapweteka, who was also eyeing the job.
Another petition came Forum for National Development which alleged that Kachaje was not qualified for the job.
Among other things, the Ombudsperson report has revealed that there was canvassing for the MERA job with State House promising Chapweteka the job. The MERA board then offering it to Kachaje.
The recommendations of the should cancel Kachaje’s contract.
Kachanje is said to be President Lazarus Chakwwera’s Malawi Congress Party (MCP) strategist hence the fovour for the job.
Malawi breaking news and World News. News about Malawi, Malawi Business, Malawi Tourism, Malawi Politics, Malawi News, World and Africa Top News.