Tag Archives: Ombudsman

HRDC dares Chakwera’s Tonse Alliance to respect Ombudsman’s determination on Kachaje, Buluma

Kachaje and Buluma be fired

By Dorica Mtenje

LILONGWE-(MaraviPost)-The country’s right group, Human Rights Defenders Coalition (HRDC) has dared President Lazarus Chakwera’s Tonse Alliance government to respect Ombudsman decision on the determination made on embattled Malawi Energy Regulatory Authority (MERA) Chief Executive office Henry Kachaje.

HRDC observes that Chakwera’s Tonse silent on Kachaje fate is the violation of the country’s constitution evidenced by covering up the later through court order.

In a statement dated October 10, 2022, signed by HRDC Chairperson, Gift Trapence says, “As a watchdog organization we are extremely saddened to note that several months after Ombudsman gave a lucid determination on the employment of the Malawi Energy Regulatory Authority (MERA) Chief Executive office, Henry Kachanje. Tonse government has not taken any actions in respect to the determination and Mr Kachanje is still in the office”.

HRDC stated that last week Ombudsman directed the dismissal of National Oil Company of Malawi (NOCMA)Deputy Chief Executive officer, Hellen Buluma after it find that everything surrounds it’s work it’s illegal

He said the determination Ombudsman clearly stated that the contract of Buluma should be terminated with immediate effects.

The coalition is therefore demanding government through Office of Attorney General (AG) and other stakeholders should see it that rule of law is respected not undermined as the Constitution is Constitution body established to strengthen democracy whose determination ought to be respected.

He said the coalition expects adheres and respect of law on NOCMA determination with 30 days as stipulated in the Ombudsman report.

HRDC promised demand respect of rule of law to stop government undermining the office of the Ombudsman that is merging at alarming rate.

About a week has elapsed after Ombudsman ordered that Buluma be fired at NOCMA for illegal recruitment while Kachaje still banking on court order at MERA over fake qualification papers.

Malawi’s Blantyre legislator Noel Lipipa dares Ombudsman on Henry Kachaje handpicking as MERA CEO

BLANTYRE-(MaraviPost)-One of the country’s lawmakers for Blantyre City South Noel Lipipa is daring Office of Ombudsman to produced comprehensive report on how Henry Kachaje was appointed as Malawi Energy Regulatory Authority (MERA) Chief Executive Officer.

Lawmaker Lipipa has questioned President Lazarus Chakwera’s Tonse government for handpicking Kachaje whom he says was the least on listed for the post.

Henry Kachaje now MERA CEO

“Consistent with the Malawi Energy Regulatory Authority ( MERA) advert , the appointment of one Henry Kachaje is irregular for failing to adhere to the Minimum Education Qualifications and Experience. The Ombudsman actually produced a report on MERA and qualification requirements.

“The board of directors , announced Mr Kachaje as the CEO after a ” competitive ” process to which they they should make public the details of the entire vetting and recruitment process as it evidently was marred by lack of transparency besides scanty information and recruitment details,” says Lipipa.

The legislator adds, “It defies logic and legal considerations that an individual who could not produce his Master’s degree was vetted , interviewed and subsequently hired as the substantive CEO. The vetting is meant to determine the suitability of one to serve as a public officer.

“It is apparent in view of the foregoing that , the process was inconsistent with the advert and to some extent the express provisions of our constitution and law which requires an open , fair and competitive , merit – based exercise”.

He challenges, “Therefore , the occupancy , continued stay and acting in office of Mr Kachaje with the questions lingering around the fairness and impartiality of the selection process and in effect the suitability , has led to prejudice and breach of public trust. I believe that various insider vested interests are at play , which means control of the Institution by handpicking and and appointing Mr Kachaje to the position”.

However, Kachaje was one of the least qualified candidates shortlisted for the position.

Whistleblower Mulotwa Mulotwa revealed in May that Henry Kachaje does not possess a Master’s degree in line with qualification requirements for the job.

Kachaje replaces Collins Magalasi who is alleged to have also be unqualified for the position. Magalasi’s claims to possessing a PhD have hardly been substantiated by evidence. The latter’s appointment was faulted by Ombudsman Martha Chizuma.

Magalasi is currently answering charges relating to abuse of office in procurement of materials.

While Magalasi is alleged to have been appointed CEO for being a stooge of the then ruling Democratic Progressive Party (DPP), Kachaje is allegedly a renowned sympathiser of the ruling Malawi Congress Party (MCP) who campaigned for President Lazarus Chakwera presidential bid in the 2019 and 2020 elections.

Well done, Malawi’s Ombudsman Martha Chizuma but avoid selective justice

Ombudsman Martha Chizuma

By Rick Dzida

We would like to thank Martha Chizuma for the job well done.So far the office of the ombudsman has exposed nepotism, regionalism, favoritism, cronyism, ethnocentrism, tribalism, illegalities and irregularities in recruiting staff in many organisations such as MERA, Central Medical Stores and MACRA.

Their findings, recommendations and directives have been rigorously methodological , fair and just.

However, we believe that there is selective justice in dealing with such diabolical acts which are still rampant in the current Tonse Alliance regime.

1?? The appointment of Acting commissioner general of MRA by President Chakwera is unprocedural.

2?? The recruitment and promotion of officers in Malawi Defence Forces, Malawi Police Services, Prisons, Immigration and Civil Service is still biased, political and nepotistic. Adverts and interviews are conducted just to rubber stamp the above decisions and to hoodwink the public.

3?? There are allegations that the Tonse Alliance government is training paramilitary forces in Salima. This is irregular and illegal

4?? We believe that we are in a multiparty democracy and as such any employee is at liberty to be affiliated to any political party. Unfortunately,the Tonse Alliance government is victimizing employees who are believed to be DPP sympathisers. Among such victims are the principal secretaries who have been transfered and demoted from various line ministries only to be dumped under the office of President and Cabinet.

5?? We also believe that Malawians have been stupifiedly duped by the current Tonse Alliance regime with unfulfilled and empty promises. No free water and electricity connection, no driving licences that don’t expire, no duty free week, no one million jobs in the first year of Tonse Alliance regime. No anything!!! No nothing!!! This is total injustice. Nkhanza Kwa a Malawi. Tonse Alliance made such empty promises during covid 19 pandemic and it is foolhardy to give the same covid 19 pandemic as a scapegoat reason for not honouring their own promises.

We request the office of the ombudsman to look into these matters with urgency.

Rick DZIDA
rdzida@gmx.com
11/05/2021
Dedza

Disclaimer: The views expressed in the article are those of the author Not necessarily of The Maravi Post or Editor

“The whole process to hire Godfrey Itaye was a mockery, maladministration”-Malawi’s Ombudsman report

Godfrey Itaye, No need to be paid benefits

LILONGWE-(MaraviPost)-The Ombudsman has found that the appointment of Godfrey Itaye as Malawi Communication Regulatory Authority (MACRA) Director General was illegal and that those who facilitated his hiring acted outside their mandate.

These are the then Principal Secretary in the ministry of Information, the then Board and then Malawi Statutory Cooperation Chief Zangazanga Chikhosi, now Secretary to Office of President and Cabinet.

Ombudsman Martha Chizuma told the nation on Monday, May 10, 2021 that the whole process to hire Itaye was a mockery and maladministration.

She adds that Redeployment of Itaye to Postal Corporation as Post Master General and to Lilongwe Water Board as CEO was illegal and a maladministration.

She has therefore nullified his contracts including his current contract and she has directed the Macra Board to fill the position of DG at Macra.

She has further directed the board not to pay Itaye any benefits, and if that was done, it should be recovered.

The Ombudsman report, has however cleared Itaye on allegations that he is a convict, saying no evidence on this was found.

Why should we have this office in the first place?

The Office of the Ombudsman has expressed concern over high rate of non-compliance to its determinations by most ministries, departments and agencies (MDAs), saying the situation is undermining the relevance of the office.

The Ombudsman Martha Chizuma Mwangonde made the remarks at parliament building in Lilongwe Tuesday.

“This office is really challenged with lots of non-compliance [to its determinations] from most MDAs in the country. This is infringing on the rights of many Malawians who rely on this office for assistance.
“If we don’t comply, why should we have this office in the first place?” queried Mwangonde.

According to the Ombudsman, ADMARC, Malawi Revenue Authority (MRA) and the Malawi Police Service (MPS) are among the few institutions which complied to determinations the office made to the institutions.

“The State House, Attorney General, Malawi Defense Force, Ministry of Agriculture, Ministry of Health, Forestry Department, Ministry of Transport and Public Works, Ministry of Lands, Housing and Urban Development were some of the MDAs with very high rate of non-compliance,” she said.

Speaking on the sidelines of the function, Ombudsman Public Relations Officer, Arthur Semba revealed that so far there are 306 cases to which different institutions have not complied.

“We had 13 determinations in 2016, 29 cases in 2017 issued under the current Ombudsman and 264 for the former Ombudsmen piling as non-complied determinations, which is a very big figure so far.

“That notwithstanding, the Ombudsman has also 112 cases under ordinary investigations but MDAs have been slow in remedying the various malaise occasioned,” Semba stated.

Lilongwe North East Member of Parliament who is also Chairperson for the Parliamentary Legal Committee, Maxon Thyolera, vowed to corner all organizations not complying.

“We will use the power vested in us to reverse the vice by taking them to task. People must be served with justice by honouring the determinations,” Thyolera said.

The office of the Ombudsman is legally mandated to inquire into any alleged instance or matter of abuse of any power or unfair treatment of any person by an official in the employment of any organ of government.

In addition, the office is mandated to manifest injustice or conduct by such official who would properly be regarded as oppressive or unfair in an open democratic society.