OFFICE OF THE OMBUDSMAN N EWSLETTER

2015 ISSUE JANUARY 2014—DECEMBER 2014

OUR MOTTO

Upholding fairness, good governance and rule of law

OUR VISION

To be recognized as a leader in the enforcement and promotion of good administrative practices, rule of law, good governance and respect for hu- man rights

OUR MISSION

To professionally , independently, impar- tially and fairly investigate and resolve cases of alleged injustice and provide remedies, safeguard good governance, respect for rule of law and human rights.

MANDATE

To inquire into, investigate and take such actions or steps concerning any alleged instance or matter of abuse of power or unfair treatment of any person by an official in the employ of any organ of government, or manifest injustice or conduct by such official which would properly be regarded as oppressive or unfair in an open and democratic socie- ty.” These may include it is alleged that “any decision or recommendation taken or made by or made under the authority of any organ of government or any act or omission of such organ is unreasona- ble, unjust, or unfair, or is based on any practice which may be deemed as such

PROTECTING AGAINST MALADMINISTRATION, INJUSTICE, PROMOTING RULE OF LAW AND ADVOCAT- ING GOOD GOVERNANCE

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CONTENTS 1. Message from the Ombudsman

PUBLISHER 2. Editors Note THE OFFICE OF THE OMBUDSMAN St Martins House 3. About Office of the Ombudsman. Private Bag 348 Capital City 4. Taking the Ombudsman to the People- Lilongwe 3 Civic Education Tel: + 265 (0) 1 774 899/866 Fax: +265 (0) 1 774 958 5. Know your Ombudsman

EDITOR 6. Office of the Ombudsman holds a perfor- Felix Masekesa mance management workshop.

CONTRIBUTORS 7. The office of the Ombudsman in solid Wakumanya Sibande waste management. Sipho Madula 8.Case updates, determinations and suc- Chifuniro Mkumpha cessful cases. Cecilia Synoden Khumbo Mwalwimba 9. Staff update

10. Activities in pictures Design& Published by: 11The office of the Ombudsman in newspa- pers.

12.Leisure

13 Poetry

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MESSAGE FROM THE HONOURABLE OMBUDSMAN

ear readers, it gives me pleasure to find this opportunity to engage with you through this first issue of our News- D letter in 2015. Receive my New Year Greetings. Please be assured that I wish you the best in all your endeavors.

The Office of the Ombudsman has tirelessly worked hard to en- sure that you, our readers are aware of your constitutional body which was purposely created to consolidate democracy which was earned some twenty years ago. The Office has been engaged with the citizenry in different forms; conducted Public awareness sessions to Public officers at the National and District levels, in- vestigated cases, recruited some additional members of staff, written and issued determinations on various cases among other activities. The Sensitization workshops and Public rallies were aimed at informing the Citizenry about he Mandate, Roles, Func- tions, Vision, Jurisdiction and Powers of the Ombudsman. Dear readers, the interactive sessions greatly contributed to enhancing the visibility of the office and a lot of public officers including those who retired several years ago have been equipped with pro- cedures on how to report acts of maladministration occasioned by Public Institutions and Officials. There have also been a lot of on spot investigations by our Investigations team. I am extremely proud to inform you that we are able to close about ninety cases in a month. This is a formidable work. Allow me to congratulate them on your behalf.

You may wish to know that the office presently has more than twenty five (25) graduates in the staff compliment. This is more than six (6) graduates which I found when I came into the office in October 2010.I am confident that when you visit our offices you will experience a more welcoming and good customer care which will leave you with fond good memories of the office. I am also proud to inform you that in our effort to improve our service delivery the Office has with effect from September, 2014 introduced staff Performance Management system which will help to monitor staff performance in order to fulfill the office’s intended purpose.

I am also happy to report that most of the Ministries, Departments and Agencies are complying with the Office of the Ombudsman’s determinations and recommendations. In a special way, I would like to congratulate the Ministry of Agri- culture, Irrigation and Water Development with special recognition of their Desk Officer, Mrs. Taju who has always timely responded to the issues concerning them. This Ministry has demonstrated an exceptional and outstanding per- formance in responding to Office of the Ombudsman questions and queries.

In pursuance of our mandate which is complimented by the Ombudsman Act No 10 of 1996, Section 5 [b] {ii} the office was engaged in a Landmark Pilot study on Democratic Accountability-Solid Waste Management in Local Councils. This was to assess the service delivery levels in Solid waste Management by our Local Councils.

Lastly ,I wish to gladly inform you that, in our efforts of taking the Ombudsman to the people, we have opened a Region- al Office in the Eastern region of Malawi, situated in Balaka District. This will enhance peoples access to the services of the Ombudsman. We also have regional offices in Lilongwe, Blantyre and Mzuzu..

Let us join hands as we strive to promote, Democratic Governance, Rule of Law and Human Rights.

I trust that you will enjoy reading the First edition of this Newsletter. We will meet again in the next edition.

Thank You!!!

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ment. In its quest to operate in an efficient and effective way, the Office has introduced a new management system where the employees from the Office in all regions attended a workshop on the new management system. After reading this mouthwatering publication you will find out what the system is.

We are also pleased to inform you in this issue about the birth of our new Eastern region Office in Balaka as we are trying to reach all the people in the country. “Taking the Ombudsman to the people.” You will also have a pictorial focus on some of the activities that the Office embarked on, in the year 2014 and what the press wrote about this Office. EDITOR’S NOTE Welcome to the 1st Office of the Ombudsman Newsletter Let me take this opportunity to remind you our readers publication for the year 2015. We are very happy and and the general public that the Office of the Ombudsman delighted to present to you this first issue. As you know is open to anyone who feels he has experienced injustice or that the Office of the Ombudsman is mandated by the con- his rights violated and who sees that acts of maladmin- stitution of the Republic of Malawi in section 123 (1) to istration are taking place by and within the Government receive, investigate and provide remedies to cases involving and its organs. Our doors are always open and our dedi- practices of injustice, maladministration, violation of hu- cated staff is ready to assist you. man rights and disrespect of the rule of law by Public offic- ers and Public organs. Public organs include all other enti- Remember the Office has four offices where you can lodge ties that are established by an Act of Parliament and are your complaints. In the Northern region we have the fully or partially funded by the Government. The birth of Mzuzu Office in Mpico house opposite ESCOM, in Lilongwe this publication will help this Office update the general we have the headquarters in ST Martin house city center, public on how it is operating and carrying out its activities, where the Central region Offices are also situated. In the and also disseminate relevant information concerning the Eastern region we have the Balaka Office situated in Bala- Office of the Ombudsman to the populace. ka and in the Southern region we have Offices in Blantyre, Kannabar house opposite Mount Soche hotel. This first issue has covered cross cutting issues in the Of- fice of the Ombudsman. You will have the chance to know Let me also thank the dedicated team that has worked so your Ombudsman, Honourable, Justice Mrs. Tujilane Chi- hard to produce this publication. It is going to be a quar- zumila (RTD). You will also learn that the Office of the Om- terly publication and expect the next issue in April 2015. budsman has taken a further step in its operations in pro- moting democratic accountability, where it has embarked on a campaign in promoting Democratic Accountability in ENJOY YOUR READING!!!!!!! public service delivery particularly in Solid Waste Manage-

ABOUT MALAWI’S OFFICE OF THE OMBUDSMAN stablished under section 120 of the 1994 constitution of Malawi, and complimented by the Ombudsman Act No 10 of 1996 the Office of the Ombudsman is an independ- ent Public institution which was instituted to curb any Eacts of maladministration occasioned by public officials and or- gans of government on the citizens. Organs of government in- cludes the state and any local authority, board, commission, com- mittee, corporation, body or institution established or instituted by or under any written law.

The Office started operating in the country in 1995, with a Motto of Justice all, a vision to promote and defend good administrative practices, rule of law, accountability, transparency and respect for Office of the Ombudsman Headquaerters and Central human rights. The office’s mission is to professionally, Region Offices,St.Martins house,City centre,Lilongwe. To Page 4

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WHAT IS THE OF- man to perform his or her duties, the five years imprisonment. following powers were given; To Deter- The Office of the Ombudsman core FICE OF THE OM- mine nature and extent of an investi- values include; respect, leadership, gation, summon any person connected empowerment, continuous learning, BUDSMAN? to an investigation, require immediate cooperation, team work, integrity, disclosure of information or docu- From Page 3 commitment, transparency and ac- ments of any kind, question any per- countability. son connected to an investigation and independently, impartially and fairly administer an oath or take an affirma- investigate and resolve cases of alleged tion from any person who appears be- Any person or group of persons with injustice and provides remedies in or- fore him/her. sufficient interest in the protection der to safeguard good democratic gov- and enforcement of human rights to ernance. The Office investigates matters of al- ensure its protection and any person leged injustice occasioned by organs of who is a victim of abuse of power or The Office of the Ombudsman is man- government or public officials in their unfair treatment by a government offi- dated to: official capacity. The Office does not cial or its body is welcome to be helped investigate complaints against private by the Office of the Ombudsman “inquire , investigate a n d t a k e entities or individuals, matters already through legal advice, investigations or such actions or steps concerning determined by a court, cases with oth- arbitration. any alleged instance or matter of er competent tribunals and matters abuse of power or unfair treatment which have reasonable and applicable of any person by an official em- The Office of the Ombudsman in Ma- remedies by way of court proceedings ployed in any organ of government, lawi has had three Ombudspersons, or appeal. or manifest of injustice or conduct namely Honourable James Makoza by such official which would Chirwa who was the first Ombudsper- properly be regarded as oppressive The Ombudsman depending on the son for the Office from 1995 to 1998. or unfair in an open and democrat- outcome of an investigation may de- From 1999 to August, 2009 it was ic society.” cide to reverse a decision made by a Honourable Enoch Chibwana and body or an institution, uphold a deci- from October, 2010 to present Justice These may include; sion, determine or recommend a new Tujilane Chizumila (RTD) is the Om- course of action, advise the complain- budsperson. Normally the Ombud- “any decision or recommendation ant or respondent a proper course of sperson holds the Office for a period of taken or made by or made under action, refer the matter to the Director five years which is renewable, and the the authority of any organ of gov- of Public Prosecution or any other rele- Ombudsperson is appointed by the ernment or any act or omission of vant tribunal or seek a compromise Public Appointments Committee of such organ is unreasonable, un- and agreement between parties in- parliament. just, or unfair, or is based on any volved. practice which may be deemed as such.” Ombudsman Act, Section5.2 The Office has its Headquarters in An offence before the Office of the Lilongwe, Northern Region office in Ombudsman may include failure to This Office of the Ombudsman has Mzuzu, Central region office in Lilong- take an oath, obstruct the proceedings three functions; o receive complaints, we, Southern Region Office in Blantyre investigate cases and recommend and of the office, failure to attend an in- and Eastern region offices in Balaka. determine remedies. For the Ombuds- quiry, and any one committing these offences shall be fined K10, 000. 00 or TAKING THE OMBUDSMAN TO THE PEOPLE By Cecilia Synoden Cases related to abuse of power, unfair treatment, manifest of injustice and oppressive and unfair conduct of people employed in the public service, are the classes of cases that the Office of the Ombudsman handles. Over the years, the functions of the Office of the Ombudsman have been obscure with both controlling officers, let alone employees, know- ing very little about them. In an effort to make the functions of the Office of the Ombudsman known to the people, the office took its message to people through various civic education activities in the year 2014.Some of the civic education activities done were as follows:

1. PUBLIC RALLIES Public sensitization rallies are one of the ways in which the civic education section uses in order to reach out to people with various messages concerning what the complaint handling institution, the office of the Ombudsman does, and what type of cases it handles and other activities it is mandated to do. When the Office of the Ombudsman goes out for

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KNOW YOUR OMBUDSMAN Justice Tujilane Chizumila (RTD)

The office of the Ombudsman in Malawi was established under section 120 of the Constitution of the Republic of Malawi and complemented by the Ombudsman Act Number 10 of 1996. Justice Tujilane Chizumila (retired) was appointed the 3rd Ombudsman of the Republic of Malawi in line with Section 122 of the constitution in 2011. The editor [E] spoke with the Honorable Ombudsman [H.O] on her family, education, professional background and her involvement in her work as the Ombudsman of the Republic of Malawi.

E: Tell us about your family, Educational and profes- working with my husband at his law firm in Blantyre. I sional background? injected a lot of energy in the office because he was rarely in the office until 2004 when the UDF government came into power and my husband was appointed to cabinet. We H.O: I was born at Zomba general hospital. My father is then moved to Lilongwe, so I left the firm. I then started my from Domasi, Zomba and my mother is from Chileka, own law firm, Chizumila and Blantyre. I went to primary Company. I was then appointed schools in Zomba, Dedza and the High commissioner of Mala- then we moved to New York wi to Zimbabwe. Being a high where my father was sent on a commissioner I covered coun- diplomatic mission at the United tries like Botswana, and later I Nations, when I was in grade 6. I was moved from Botswana to did part of my primary school in Mauritius. New York before we ended up in Tanzania where I grew up as a refugee. I completed my primary I then decided to come back and secondary school in Tanza- home in 2010.When I came nia, and I proceeded to a law back home, I started working as school at the University of Dar- a lawyer at Liwimbi and Compa- es-Salaam. ny. It was a very interesting job. I then applied for the post of the Ombudsman which had fallen After graduating, I worked for vacant, I thank God I got the Tanzanian government for ten job. I started my job as the Om- years as cooperation counsel at budsman of the Republic of Ma- the Tanzanian Legal Corpora- lawi in October 2010. tion. After that, I went to Ger- many for my Masters in interna- tional law. Then I decided to E: What does the Office of the come back home. After coming Ombudsman entail? back home, I worked for Save the Children (US) because I H.O: It is a watchdog against needed to be cleared by Govern- maladministration and sub- ment before I could get a job standard service delivery by with the Ministry of Justice which had written to me to say they had wanted me to public institutions and officials. start working for them whilst I was still in Germany. Fortu- nately enough, after about one and half years I got my E: As the Ombudsman of the Republic of Malawi, what clearance and started working with the Ministry of Justice are your areas of interest? headquarters, then I was transferred to Blantyre to the Legal Department. HO:I am interested in a proactive Office of the Ombuds- After working for Government, I joined Savjani and Com- man, well resourced, with energetic support from parlia- pany, worked for about two years as a private lawyer ,and ment and the executive and maximum cooperation from then I joined UNHCR. I left UNHCR to get a job where I public institutions officials and the general public in up- could spend much time with my children. Then I started holding fairness, good governance and the rule of law.

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From Page 5 maladministration by public institutions and officials. It is E: So far, what are your achievements as the Honorable also a monitor of public service in order to ensure that re- Ombudsman? sources are used for intended purposes. The Office of the Ombudsman is also one of the Governance Institutes

which provides its services free of charge and saves every H.O: There are many achievements that I will be proud . Malawian. Firstly the increased professionalism in the office by in- creasing the number of graduates from 6 to 26 in the peri- E: What is the relationship between the Office of the od between 2010 to 2014.I initiated the opening of two Ombudsman and other constitutional bodies e.g. the regional offices, thus Balaka and Lilongwe in an effort to Malawi law commission? take the Ombudsman to the people. I am also happy to see that we can now resolve many cases using one year cycle and Alternative Dispute Resolution system which I intro- H.O:: As you have already said, all are constitutional bod- duced two years ago. ies, they both have a role to play in Democratic Consolida- tion in Malawi by reviewing laws and enforcing public offic- ers to follow the laws, hence curbing the injustices in pub- Furthermore, the open door policy which provides a condu- lic offices, abuse of human rights and holding public offices cive work environment for everyone in the Office of the Om- accountable budsman helps in building teamwork in the office. I also managed to regain donor confidence in the office of the Ombudsman which was lost some time back; we are now E: Apart from what the office does, what more, do you working with UNDP and International IDEA. Apart from think can be done in order to enhance Administrative that, I can also point out that there is enhanced coopera- Justice in Malawi? tion between the Office of the Ombudsman and other insti- tutions and I am sure that by now parliament and heads of H.O: Since the Office of the Ombudsman has proved to be ministries and public institutions have an understanding an advocate of administrative justice in Malawi, there are a of the roles of the Ombudsman and functions of the Om- lot of issues to be addressed in order to make the Office of budsman and they are ready to support it in parliament. the Ombudsman more effective. Such issues include; the amendment of the Ombudsman Act, low budget allocation E: What are your challenges in executing your duties as and the unfavorable procedures for submitting complaints the Ombudsman? at the office.

H.O: There are a lot of challenges which the office of the Apart from these, the Ombudsman should be able to un- Ombudsman faces. The funding which the office receives dertake own motion investigations and the office of the from the Treasury does not meet all the expenses of run- Ombudsman report should be deliberated in the whole ning the office; there have been times we received about house so that members of parliament should appreciate MK400, 000.00 a month for operations. There is also obso- the role of the office hence be able to support it. I will also lete and shortage of equipment; the office does not have be happy to see the office opening sub regions as we want reliable fleet, as of now we rely on UNDP vehicle for our to bring the Office of the Ombudsman to the people the projects. We have no money even to repair the vehicles we Ombudsman mandate should be prolonged to also look at have. the private sector. Nevertheless, I will be happy to see pub- lic officers and Malawians as a whole following laws and procedures in firing people at work places and the defiant The little funding we receive does not even come in time public institutions with a lot of complaints should be pe- because of the delayed processing of payments by the office nalized to set a good example and to avoid laxity to meet of the accountant general as a result of a centralized pay- Ombudsman determinations. ment system. This in turn affects the office’s work plan. There is also lack of support on some provisions in the conditions of service of the Ombudsman .i.e. to date, no E: What do you want to be remembered for as the Om- official vehicle, suspended medical scheme, pension budsman of the Republic of Malawi? scheme not fully subscribed among others. In addition, the staff salary packages for the office of the Ombudsman is very low compared to other constitutional bodies. This re- H.O:: First and foremost, I would like to be remembered as sults in frequent resignations of critical staff e.g. lawyers. the first female Ombudsman in Malawi, and someone who restored donor confidence in the office of the Ombudsman. E: How significant is the Office of the Ombudsman to The office has also been more vibrant during my reign, Malawians? with a recruitment of almost 20 graduates to increase pro- fessionalism in the office. I have also reduced the delay in handling matters at the office by setting the one year cycle H.O: The Office of the Ombudsman is the fountain of jus- of handling investigations and expanded the office struc- tice to poor Malawians and low level public servants who ture and initiated the establishment of two regional offices, cannot afford to get a lawyer to solve their complaints on Balaka and Lilongwe respectively.

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through one to one interaction as well cultural leaders, realizing their im- CIVIC EDUCA- as group talks. Questions were an- portance in our societies. The work- swered and people were given a clear shops were conducted in Southern, TION picture of what the office of the Om- Central and Eastern region of Malawi. budsman does and indeed that they The districts visited were, Mchinji, From Page 4 can have their grievances heard and Dedza, Ntcheu, Kasungu, Dowa, their cases resolved. Ntchisi, Nkhotakota, Salima,Mulanje, Thyolo, Chikwawa, Nsanje, Mangochi, One of the officers from the Office of the Ombudsman Machinga and Balaka districts. staff explaining the message on a brochure to a This mode of message dissemination member of the public has a multiple effect as this activity targets trading centres, villages and The objectives of the workshops was markets where people from various areas converge, hence they carry the message to other people. Public rallies are also the only way of making presentations where the public has the access to asking questions and getting immediate responses to issues. Rallies also provide an interface between the public and the office as Information, Education and Communication mate- rials like brochures are distributed. public sensitization rallies, some won- Officers are also assisted in detecting Some of the Participants at one of the workshops der what happens. For the Office of public opinion on various issues e.g. the Ombudsman there are some pre- through quiz on the spot. paratory work done while in the office before the actual rallies. This work 2. TRAINING WORKSHOPS to raise awareness of citizens’ rights, includes printing of brochures and In fulfilling its constitutional mandate, duties and responsibilities to effective- other Information, Education and the Office of the Ombudsman em- ly participate in improving public ser- Communication materials like t-shirts, barked on human rights training vice delivery, to sensitize participants caps and cloths. Other activities like workshops in the southern region with on the efforts the office has made to drama, songs dances, storytelling and the aim of reinforcing good administra- serve the public better, to sensitize talks are also prepared. tive practices in public offices. This public officers on the importance of In 2014, the office of the Ombudsman was triggered by the continuous abuse following procedures when terminating conducted public rallies in the South- of power by public officers. the employment contracts and the role ern and Eastern region of Malawi. The they should play, to document recom- districts visited were, Thyolo, Chikwa- These workshops were an effort to re- mendations on how best the Office of wa, Nsanje, Mangochi, Machinga and mind public officers about the roles the Ombudsman can serve Malawian they need to play in promoting good Balaka respectively. The approach tar- citizens. administrative justice following natu- geted both ordinary people and officers in the public service. Brochures were ral justice and the rule of law. The distributed and messages delivered workshops also included religious and OFFICE OF THE OMBUDSMAN HOLDS A PERFORMANCE MAN- AGEMENT WORKSHOP By Wakumanya Sibande (Intern) The Office of the Ombudsman organized a Performance Management System workshop which took place mid 2014 at the Golden Peacock hotel in Lilongwe. The main aim for the workshop, which was organized with financial assistance from UNDP and Norwegian Embassy through the human rights support project, was to let the Officers from the Office of the Ombudsman understand what Performance Management is all about, and also marked the launch of the new per- formance management system for the office.

The two day workshop was attended by members of staff from all regional offices and the Headquarters and other stakeholders with the Chairperson of the Appointments and Disciplinary Board of the Office of the Ombudsman, Jus- tice R. R Mzikamanda, SC as the guest of honour.

Facilitators of the workshop were Mr. Harold Kuchande and Mr. Dickson Chunga from Management consultant To Page 8

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ernment system. She also said that her office has to be OoO COMMITS ITSELF TO IM- distinguished in terms of performance and be a model to PROVED EFFICIENCY AND EF- the rest of the public sector institutions the office monitors in as far as delivery of public services and redressing acts FECTIVENESS IN ITS SERVICE of maladministration in the country is concerned. DELIVERY She continued to plead with Ombudsman staff members From Page 7 that they have to commit themselves and be hard workers towards the success of the newly introduced system. “The solutions. The consultants explained to the participants an performance management system requires the commit- overview of performance management, its roadmap and its ment of each one of us in order to succeed. It requires hard link to the activities and operations of the Office including work and dedication on the part of each employee, and the link with the Offices’ vision, mission, values, goals, doing away with the business as usual approach to work performance. Successful outcome of this workshop will objectives, key strategic issues and its strategies. shape and determine the Ombudsman institution we want to build for the next The purpose of perfor- years to come,” Chi- mance management is to zumila said. evaluate performance of every staff member and the degree to which ex- The performance pected behaviours and management system individual performance will see employees in targets are accomplished. this office coming up It also aims at finding with a plan of activi- new ways for continuous ties that they are improvement of every supposed to do in a staff member and to en- given period of time, hance cooperation be- which will be sub- tween managers and em- mitted to their su- ployees. Performance pervisors and they management acts as traf- will be checked from fic lights in the manage- time to time through ment road where it makes submission of week- sure that there is a con- ly reports. Weekly tinuous communication reports will be used between managers and to check if they are employees, where it also going according to stimulates the working environment open to cordial, frank their planned activities. This new system will also be possi- ble with the availability of Performance Appraisal forms and candid discussions. throughout the time that the system will be used.

Performance management is very important to an institu- tion like the Office of the Ombudsman since it provides a The meeting of planned activities by the employees howev- basis for career development and promotion decisions, and er will depend on the resources and incentives provided to it also helps to get better results and emphasizes the im- them by their respective offices. portance of a shared view of expected performance between a manager and the employee. At the end of the workshop members of staff made their general comments and suggestions that would assist in the In her remarks, the Honourable Ombudsman explained development of a sound Performance Management system that the design and implementation of a robust system for for the Office of the Ombudsman. planning, monitoring and measuring the work performance of employees has great potential to promote efficient and After the workshop every member of staff was to present effective service delivery, therefore the workshop came at their work plan and Performance Appraisal forms for Per- an opportune time when there is an outcry over the deteri- formance Management Pilot Assessment Exercise. orating state of public service delivery in the Malawi Gov-

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THE OFFICE OF THE OMBUDSMAN IN SOLID WASTE MANAGE- MENT CAMPAIGN

By Wakumanya Sibande( Intern) Solid Waste management in Malawi, cation and planning. The study also which includes solid waste disposal, found out that the absence of counci- solid waste collection and lors has been a serious problem since The responsibility for sol- waste treatment, operates there were no proper political checks id waste management under a legal framework and balances at the ground level. commences with the indi- laid out in the Environ- vidual citizen and ends mental Management Act, with the Government. All Public Health Act and the The study also found out that there is stakeholders have a duty Local Government Act. a problem with accountability for poli- and responsibility to en- Both the ministry of Envi- cy making on solid waste manage- sure that solid waste is ronmental affairs and cli- ment. Policy responsibilities for Solid disposed of and treated in mate change management, Waste Management are largely a cen- an environmentally and and the Ministry of local tral government, where they are only socially acceptable man- involved in the environmental act, government and rural de- public health act and others which are ner. velopment provide policy sanctioned by parliament. The other directions regarding the problem noted on accountability for One would therefore ask Report launched on 15th September service. The latter ministry 2014 at Mitundu Primary School policy making on solid waste manage- many questions about Ground implements those policies ment by the study is that most policies how the Office of the Om- through councils at munic- of Solid Waste Management are not ipal, town and district levels. budsman can be involved in Solid specific but are instead contained Waste Management, having in mind within broader areas like climate the nature of activities it is involved in. Solid waste management organizations change and the environment. Solid Waste management is a service in Malawi face a number of challenges to be delivered by public entities, and which are financial or organizational. other private stakeholders, and the The study further identifies that the delivery of this service is a right to the national level does not present citizens populace, where the one delivering These challenges hinder provision of or other control agencies with opportu- those services has to be accountable good quality services as implementing nities for accountability. Firstly, be- and transparent in the provision of the agencies. They lack specific budget as cause waste management features low service. The Office of the Ombudsman transfers and self-generated income as an issue on the public agenda. Sec- therefore comes in by ensuring that are allocated on ondly, because ser- those that provide solid waste manage- general basis. An- vice performance at ment are performing those services in other challenge is the local level does a democratic manner, where they have the high number of not influence wheth- to be accountable and transparent. vacant posts in er political repre- councils, which sentatives are elect- then makes the ed or face other con- The Office of the Ombudsman in 2013 workload too much sequences at nation- entered into an agreement with Inter- for the few staff. al level. national Institute for Democracy and Insufficient vehicles Electoral Assistance to conduct a pilot and other minimal study where they aimed at assessing infrastructure and On accountability democratic accountability in service the absence of for provision of solid delivery by public institutions and the monitoring mecha- waste manage- focus was on Solid Waste manage- Some of the school children that participated in ment, the study nisms are part of the launch ment. A study was conducted in all the identified a prob- the challenges. regions of the country and it aimed at lem of on-the finding out whether Malawian citizens, ground collection, disposal and treat- acting directly through their political The study in its report found out that, ment of solid waste suffer from local representatives, have access to effec- despite the existing legal framework, government’s weak capacity. Solid tive means of accountability and re- communities are not given the oppor- waste management is not outsourced, dress in case of failures in the provi- tunity to effectively influence decision lack of adequate finance and human sion of solid waste management. The making on issues of solid waste man- resource which leads to negligence and study was conducted in Mzuzu city agement. The limited substantial influ- lack of dedication and commitment. council, Kasungu town council and ence of development blocks does not Lilongwe and Blantyre district coun- translate into an actual opportunity to cils. voice citizen concerns through formally The study also indicates that there is institutionalized means at budget allo- To Page 10

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issues of solid waste management. of litter in the designated areas, they DEMOCRATIC AC- Political oversight for solid waste man- abuse the sewer systems causing COUNTABILITY IN agement provision is another issue, blockages and leakages and the end where to a larger extent political repre- result is that any money available to SOLID WASTE MAN- sentatives are not sanctioned or re- the city council goes to repairing these warded for honoring their communi- systems. AGEMENT BY CITY ties to policy priorities concerning Sol- id Waste Management. People do not COUNCILS know the negative effects of unattend- Political parties too and the central government need to live up to their From Page 9 ed waste and do not have much inter- est in these issues. Therefore Solid responsibilities in ensuring adequate Waste Management would not influ- accountability by allowing political competition. There has also been inad- ence election of an MP. equate activism by civil society organi- zations which has to be improved. All This is what the study found out in an in all, the city councils need to react assessment on democratic accounta- quickly to citizens’ request concerning bility in the provision and delivery of Solid Waste Management. We also Solid Waste Management by the Office have to acknowledge that although the of Ombudsman and International city councils seem to be reactive, the IDEA. sector is dynamic and all challenges in service delivery cannot be predicted. Furthermore, there is need for relevant Some of the participants during the launch of the authorities to conduct lobbying and report advocacy activities in order to ensure The pilot study’s’ report was launched that councilors act promptly whenever and doubly cerebrated together with solid waste management issues arise. the International Day of Democracy on no accountability to citizens for Solid 15th September 2014 at Mitundu pri- Waste Management provision since no There is need to introduce and enforce both rewards and sanctions to address mary school ground where a number meaningful checks and balances for of stakeholders and public officials provision are reported according to the problems with incorrect dumping and neglected collection of waste. The me- attended the function which was orga- assessment. Councils answer to con- nized by the Office of the Ombudsman crete requests for collection only when dia should play an active role in the civic education. And city councils with assistance from International citizens choose to demonstrate, and IDEA Institute for Democracy and when exposed by the media. On the must create incentives for citizens that report unnecessary dumping of waste. Electoral Assistance. The Honourable other side the study noted that coun- Ombudsman, Justice Tujilane Chizu- cils preferably tend to answer to users mila (RTD), and Rizine Mzikamanda such as shops and markets because of It has been discovered that citizens do SC who is also the appointment disci- the fees they pay the councils. Fur- not adhere to the rules and regula- plinary committee chairperson thermore most areas there are no tions those that concern the environ- launched the report. NGO’s that can work with councils on ment, for example they do not dispose

quirement of section 7 subsection 1 of Nature of complaint What’s Up!!!!! the Ombudsman’s Act which states: Organ complained against Relevant documentation “Any person wishing to lay a Date complaint occasioned COMPLAINTS request or complaint of any and where it occurred instance or matter referred Internal procedures exhausted AND to in Section 5 before the Remedy sought Ombudsman shall do so by Service or employment number INVESTIGATIONS documentation in writing Contact address addressed to the Ombuds- man, or in such other man- ner as the Ombudsman may Investigation by the Ombudsman The office receives complaints from the determine” Upon receipt of a complaint, the om- public through various ways including budsman may; letters, walk-ins, faxes, e-mails, tele- Complaining to the Ombudsman Screen for permissibility phones and referrals from other com- Refer the matter to an The Ombudsman prefers written com- plaint handling bodies. The majority of appropriate institution plaints. Complainants are required to complaints are lodged by individuals Advise the complainant give the following details; through walk in. However, all com- Dismiss the matter plaints are put in writing as per re- Age To Page 11

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MR F.C VS ADMARC,INQUIRY NUM- W.G.B vs. Malawi post cooperation COMPLAINTS BER 22/2014,FILE NUMBER- ,inquiry no: 02/2014 file OMB/LL/06/0365 no.OMB/LL/0170/2007 AND Mr. C was employed by Admarc on 12 January 1981.He retired in The complainant was employed by INVESTIGATIONS 2004.Since then, he was not paid his Malawi post cooperation on 27 may pension and he was paid inadequate 1991 as a storekeeper and promoted CONTINUED severance allowance. to senior stores clerk on 1st April From Page 10 1997.He claims that he was dismissed on 25 may 2000 without being heard. Held: The respondents omission in its The respondent admitted that he dis- Institute investigations duty to pay the complainant his pen- missed the complainant on the Based of available information, sion is tantamount to maladministra- grounds of poor performance. close the matter tion. Institute a public inquiry Held: The complainant was a victim of maladministration and malpractice Remedy: The respondent should pay because of the respondents action in the complainant his pension,30 days dismissing the complainant without (A) Decisions in favour of the com- from the date of the determination and an opportunity to be heard. plainants In addition, the respondent should

explain and give a breakdown to the complainant on how they calculated Remedy: The respondent, Malawi Pastor E.J.S vs the Ministry of Edu- his severance allowance. Posts Cooperation should take admin- cation, Inquiry number:26/4014,file istrative measures to ensure that the number-OMB/MZ/C/119/2005 complainant is deemed to have retired The complainant, Pastor E.J.S S had a Mr.T.M vs. The Ministry of Gender, at the prescribed age of retirement and inquiry no: 31/2014,file S.S who was working with the be paid all dues accruing to him. no:OMB/MZ/C/139/2006 Ministry of Education. He was working as a primary school teacher but was Mr. M was employed by the ministry of Mr.L.D.M.Pvs. Ministry of Educa- trained as a community development gender as a watchman on 9 tion,inq no: 04/2014 file assistant. In August 1995,he applied june,2002.He was told that his salary no.OMB/MZC/115/98 for a transfer between posts to the was K 1500.He complained that it was Ministry of Women and Child and too little but to no avail. His fellow The complainant stated that he was Community Development. In August watchmen were getting K4000 per teaching at Kalyolyo primary in 1997 he wrote the Ministry of Educa- month. He also claims that he neither Luwerezi. He claims that during the tion to remind them that he needed to went on leave for 7 years 10 months months of September, October and be transferred between posts. Unfortu- nor received his leave grant. The re- November in the year 1995 the re- nately he died in October 1997.The spondent stated that the complainant spondent failed to pay him his entitle- complainant’s elder brother H.S wrote was only a temporary employee and ment of wages. The respondent admit- the Ministry of Women and Child De- according to the salary sheet by the ted not to have paid the complainant . velopment with a copy to the Ministry ministry, the complainant’s salary was well above the salary scale for his of Education requesting death gratuity Held: The complainant was a victim of grade. for his brother. He was told that the maladministration due to the respond- Ministry of Women and Child Develop- ents failure to pay the complainants ment could not pay his brothers death Held: (a). The complainant was not wages. gratuity for his brother since transfer underpaid by the employer as the sal- between posts was not done. ary sheet stipulates. Remedy: The respondents must pay (b) The complainant is entitled to an- the complainant all the remuneration Held: The respondent is guilty of in- nual leave and leave grant despite the that was withheld for three months justice and maladministration through fact that he was a temporary employ- according to the current remuneration their omissions and unwarranted de- ee. scale which will commensurate with lays, they brought about injustice and the post previously held by the com- hardship to the complainant and his plainant. In addition to the three late brothers family. Remedy: (a) The respondent should pay the complainant the equivalent of months salary, the respondent must his leave days for seven years 10 pay the complainant interest thereon REMEDY: It was directed that the re- months. to be assessed by the high court. spondent should pay death gratuity to (b). The respondent should pay the the complainant and his late brother’s complainant his accrued leave grant. family within three months and that the complainant should submit a list of beneficiaries of the deceased. To Page 12

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The respondent through the account B) DECISIONS IN FAVOUR OF RE- COMPLAINTS AND section when asked insisted that the SPONDENTS money was being sent to old mutual. However this proved to be untrue. INVESTIGATIONS MR A.D M VS ADMARC: INQUIRY NO 07/2014,FILE NO :OMB/BT/26/2007 CONTINUED Held: The respondents non-remittance of the cheques for the complainant From Page 11 The complainant was employed by the and 17 others to old mutual amount to respondent on 1st April 2002 as a administrative unfairness. clerk. He claims he was unfairly dis- Mrs V.P and others vs. Mzimba Dis- trict Hospital missed by the respondent in January Remedy: (a) The respondent should 2005.The respondent admitted that Inquiry number:29/2014,file num- make sure that all the money deducted the client was dismissed due to absen- ber-OMB/MZ/C/04/2005 from the complainants salaries is re- teeism after being given verbal warning Mrs. V.P and others testified that they mitted to old mutual within seven days and disciplinary hearing. arranged with their employer Mzimba after this determination. District Health Office to be deducting (b) The respondents should make sure money from their salaries and the Held; The complainant was dismissed that their omission to remit to Old Mu- same being remitted to old mutual as for absence from work without permis- tual does not in way affect the com- life policy premium. sion from the employer and without a pound interest and the retirement pay- reasonable excuse. ments that the complainant and 17

Deductions started being effected by others would have earned up to date. the accounts section. However, old Remedy: The complainant was absent from work without authority and a mutual questioned the complainants for failing to service their policy. valid reason, therefore the dismissal by the respondent was reasonable and

fair.

STAFF UPDATE!!!! working as an Investigations Officer. tern with the office of the ombudsman since December, 2013 before joining the office as an employee in November, NEW MEMBERS OF BAHAT CHAUMA holds a bachelor’s 2014. She is currently working as an degree in Social Science (Economics) Investigations Officer. STAFF from the University of Malawi

ALLANIE (Chancellor College). She has worked NJATENI,joined the with Plan Malawi (Tikwere Project) be- CHIFUNIRO office in December fore joining the Office of the Ombuds- MKUMPHA holds a 2014 as a Principal man in December 2014 as Investiga- Bachelor of Social Accountant. tions Officer. Science degree (Economics) from the university of Malawi CECILIA SYNODEN (Chancellor College). holds a bachelor’s de- He has worked as a teacher in the LOMAGAZI JERE holds a Bachelor of gree in Social Science Ministry of Education before joining Law Honours from the University of (Social Work) from the the Office of the Ombudsman in De- London. She worked as a Desk officer Catholic University of cember 2014, as Planning Officer for Gender and Child Rights at the Malawi. She has Malawi Human Rights Commission worked as a credit of- before joining the office in April 2014 ficer at Pride Malawi MARA WAKHU- as a Senior Legal Officer. Limited before joining TAMOYO holds a the Office of the Ombudsman in De- Diploma in Secretari- PRINCE MALUWA, cember 2014 as a Civic Education Of- al Studies and a Di- holds a Bachelor’s De- ficer. ploma in Business gree in Social Sciences Management. She (Political Leadership) has worked with Air SARAH MAULIDI, from the Catholic Uni- Malawi before joining holds a bachelor’s de- versity of Malawi. He the Office of the Ombudsman as a Ste- gree in Social Sciences has worked as an in- nographer. (Political Leadership) tern with the office of from the Catholic Uni- the ombudsman since August, 2013 versity of Malawi. She before joining the office as an employee has worked as an in- To Page 13 in November, 2014. He is currently

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RECRUITMENT PROMOTIONS From Page 12 FELIX MASEKESA, was promoted from CHRISTOPHER MKADYA holds a cer- Principal Research and Civic Education tificate in financial Accounting. He was Officer to Deputy Director Research Docu- working at SPAR Malawi mentation and Civic Education before joining the Office of Ombudsman in august 2014 as an accounts assistant based at headquarters in Lilongwe.

LAURENT KHOMBA, holds a certificate in financial Accounting. He was working ARTHUR SEMBA was promoted from In- at Carlsberg Malawi before joining the vestigations Officer to Principal Investiga- Office of Ombudsman in august 2014 as tions Officer. He was also appointed as an accounts assistant based at head- the Public Relations Officer for the Office. quarters in Lilongwe.

KHUMBO RUDO MWALWIMBA was pro- PRECIOUS MANDA holds a Diploma in moted from Research officer to Principal Accounting by ICAM. She has worked Investigations officer. She then transferred with Limbe Leaf as an assistant field au- between posts from Principal Investigations ditor and as a bar cording cleck before Officer to Principal Research and Civic Ed- joining the Office of Ombudsman in au- ucation Officer. gust 2014 as an accounts assistant based at Mzuzu region office PAUL NJOLA was promoted to the position of Assistant Investigations Officer SINOYA TCHUNGA holds a certificate in financial Account-

ing. He joined the Office of Ombudsman in august 2014 as an accounts assistant based at Balaka region office ELLEN PAFUPI was promoted from accounts assistant to senior clerical officer based at Blantyre regional office. DOUGLAS BANDA, holds a certificate in financial Account- ing. He joined the Office of Ombudsman in august 2014 as GLAD GOBEDE was promoted from cleri- an accounts assistant based at Blantyre region office. cal officer to senior clerical officer.

C. MWASI joined the office of the Ombudsman in Decem- ber 2014 as an Assistant Human Resource Management Officer.

ELLEN KANJEDZA was promoted from KENNEDY MTENJE holds a City and being a security guard to clerical officer. Guilds diploma in motor vehicle systems, National Trade Test grade 1 in motor vehicle mechanics obtained at Lilongwe Technical College, a unit credit towards advanced technicians diploma in motor vehicle management and marine engi- neering class 3 certificate obtained at marine training college. He has worked with rural Infra- M.MTOSO was promoted from a security guard to Assis- structure development program as a fleet officer, Mediciens tant Investigations officer. Sans Frontiers-Belgium as a transport officer among others before joining the Office of the Ombudsman in 2014 as a driver.

HENRY KUJALANI worked as a folk lifter operator and a driver at Joko electrical company before joining the office of the Ombudsman

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POETRY/ NDAKATULO

NDATOPA HOPE FOR THE HOPELESS BY CHIFUNIRO MKUMPHA WOLEMBA WAKUMANYA SIBANDE

In the swarm of injustice Wanga ulendo wapsa, Sindikuwona nkhope kapena udindo Full of abuse and maladministration Kapena kuopa mimba zanu zofufuma ngati afinye zo Heavy laden with corruption Musayese kuti ndiopa mazenela anu opanda makata- Still Ombudsman stands to fight niwo To end the war of injustice Chifukwa Ndatopa ndikuphwanyilidwa ufulu, To give comfort and hope to the needy Ine Ndatopa ndikusalabadilidwa Indeed, your are the hope of the hopeless Ndatopaso ndi kundichedwesela malipilo.

Musayese sindinatope ndi kuchotsedwa ntchito mo- I salute you, the Ombudsman sayenera My case was covered and never heard Pano wanga ndauyamba ulendo I tried to speak in loud voice Ulendo osabwerera m’mbuyo Silence emerged from all corners

But when you discovered my story Ndikuti a PS inu ndatopa nanu, With power, you grabbed and followed it A bwana mkubwa, a inspector general, My face Smiles again Ndi inu a DADO, kaya ndinu a DHO, komaso inu a Indeed you are the hope of the hopeless DEO. Ndakutopelani nonse ndanyanyuka ngati nyapala Musayese ndakuyiwalanitu inu akulu a za nkhondo The moment you stepped in our area Popeza ndatopa nanu, nonse akulu a boma ndi We danced and celebrated nthambi zanu. Knowing your are our voice on public service delivery Ine ndatopa Ndipo wanga wokakunenezani wapsa With no fear you account the public authorities And investigate their maladministration Lero wanga wapsa wopita ku St Martins house ku You have given us strength and hope Lilongwe. In the world of hopeless and abuse Ndipitaso ku Mpico house ku Mzuzu, Indeed you are, the hope of the hopeless Ndikafikaso ku Kannabar house ku Blantyre uko Ndipo ndikathela ku Balaka, kuti akandithandize Akanditeteze ku mabvuto awa, Amene abwera chifukwa chosowa chilungamo. Chilungamo pakati pa ntchito za inu a boma ndi nthambi zanu. Ine wanga wapsa wopita ku Ofesi za Ombudzimani.

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ACTIVITIES IN PICTURES

Members of the Office of the Ombudsman during a Perfor- mance Management System Workshop at Golden Peacock Hotel

Launch of the report on the pilot study on Democratic Accountability Pub- lic Service Delivery– Solid Waste Management by City Councils. The Hon- ourable Ombudsman and the guest of Honour Justice R.R Mzikamanda, Sc Honourable Justice Chizumila (RTD) being interviewed by journalists after the launch of the Report

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Civic education through traditional danc- Honourable Ombudsman Justice Tujilane An officer in the office of the Om- es-the office of the Ombudsman celebrat- Chizumila(Rtd) making a presentation budsman enlightening people on ing democracy day at Mitundu during orientation of Members of Parlia- the message on the brochure during ment at Bingu International Conference one of the civic education activities Centre in the Eastern Region

Public officers who attended a workshop on administrative justice by the office of the Ombudsman in the Southern Re- gion Office of the Ombudsman staff facilitating workshops

The office of the Ombudsman and Blantyre city mayor during a con- sultation meeting with business people at Blantyre market on solid waste management and the Executive Secretary (Inset )addressing members of the general public at Limbe market Office of the Ombudsman staff pose with participants during a workshop facilitated by the office at Mchinji

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The Office of the Ombudsman in the NEWSPAPERS Some of the activities, comments, and operations of the office of the Ombudsman caught the attention of print media houses. These are

some that were published.

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WORD PUZZLE LEISURE

ACROSS First name for the Ombudsman in Malawi (8) Watchdog for Government and its organs (9 Administered by the Ombudsman (4) Former Ombudsman for Malawi (8) An offence before the Ombudsman office (7) An arm of Government (10) Mistaken with pride (3)

DOWN A complaint the Office of the Ombudsman investigates (9) A power of the Ombudsman (6) Denomination (8) New Ombudsman office (6) A case the office of the Ombudsman does not investigate (4) An institution partnering with the Office of the Ombudsman in Democratic Accountability (4)

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Where to Find us:

Lilongwe (Head Of- Lilongwe (Regional Blantyre (Regional Mzuzu (Regional Of- Balaka (Regional Of- fice) Office Central) Office South) fice North) fice East) St Martins House St Martins House Kannabar House Mpico House P.O Box 150 Private Bag 348 Private Bag 348 Private Bag 171 Private Bag 12 Balaka. Lilongwe 3 Lilongwe 3 Blantyre Mzuzu Tel (265)1833317 Tel./Fax: (265) Tel:(+265)111624912 Tel: 1334726 (265)01774899/866 Fax:(265)01774958

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