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SOCIAL ACTION
The majority of Malawians who during the period of Kamuzu Banda’s oppressive single-party rule, would have suffered administrative injustice and maladministration in silence, have now found solace in the Office of the Ombudsman
According to Enock Chibwana, Malawi’s Ombudsman, since the Office of Ombudsman was established in 1995, he and his staff have investigated thousands of complaints from people who feel they have been unfairly or unjustly treated by some government department. In a recent television interview, Chibwana said: «The Office of the Ombudsman has so far handled thousands of complaints from the general public, but it is not easy to come up with an actual figure because the complaints are so many».
For example: the Office of Ombudsman (or Citizens’ Defender, as it is sometimes called), ordered the Inspector-General of Police, to pay severance pay to Michael Chikondano, a policeman who was sacked in 1991, for refusing a transfer to another place where he might have been in some danger. Chikondano had served for 18 years in the police service. In another case, the Ombudsman summoned seven policemen to testify, after somebody had complained that in a matter brought before the police, some policemen from Lilongwe Police Station, had deliberately delayed justice from taking its course.
Cabinet ministers cannot escape, either. Recently, Chibwana ordered the Ministry of Education to readmit a secondary school student from Chichiri Secondary School, Blantyre, who had been dismissed by a minister in the department, for allegedly being found in possession of a bottle of beer in his school-bag.
However, not everything has been rosy within the Ombudsman’s office. He has been subject to financial constraints due to limited funding from government coffers, and he has met with some resistance from public institutions which have been trying to limit the Ombudsman’s power.
For example: On one occasion the Ombudsman was taken to court (the High Court) by the Malawi Broadcasting Corporation (MBC), to decide whether the Ombudsman had powers to handle labour disputes. The matter arose when four journalists were sacked without proper reason and they had taken their case to the Ombudsman. The matter went as far as the Supreme Court and was then referred back to the High Court, where it still is.
The Ombudsman maintains that he does have constitutional powers to handle labour disputes. Section 31 of Malawi’s Constitution states that every person shall have the right to fare and safe labour practices and to fair remuneration.
Chibwana is adamant that the government established his institution, together with other institutions such as the Human Rights Commission, the Industrial relations Court, and the Anti-Corruption Bureau, to safeguard democracy and give people a wide choice when it comes to lodging their complaints. People have a right to use these institutions.
Safeguarding the Office of Ombudsman
Sam Mpasu, Speaker of the National Assembly, has asked all authorities in the country to support the Ombudsman so that he can discharge his duties professionally and independently. He said the Ombudsman’s Office is an additional safeguard against abuse of office and power. The Ombudsman’s investigations are completely independent of any interference or direction from any other person or authority. Chibwana has been quoted in the Press saying: «I will not hesitate to expose anyone interfering with what I do, or trying to influence my decisions».
With offices in Lilongwe, Blantyre and Mzuzu, the Ombudsman investigates any instance of alleged injustice that arise from exercise of power. He deals with such issues as: Arbitrary decisions, improper use of discretionary powers, misapplication and misinterpretation of laws, By-laws and regulations, to list just a few.
However, the Ombudsman takes care to ensure that his Office does not investigate frivolous or anonymous complaints; neither will he have anything to do with private matters or complaints without substantial grounds. He also abstains from investigating complaints which are currently before the courts, or which have been before a court, as these fall under another competent institution. He also refrains from investigating complaints if another practicable remedy is available. Most Malawians are satisfied with the way the Office of the Ombudsman operates. His free services have helped many people who cannot afford a lawyer.
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