Malawi army forces solder to resign, refuses to comply with Ombudsman determination

The Malawi Defence Force (MDF) is embroiled in labour malpractice in which it is refusing to comply with the determination by the Ombudsman to duly retire a former soldier Corporal Jack Mande but instead has chosen to pay him K130, 000 as a package despite the fact that Mande had worked for 11 years with MDF, Nyasa Times can reveal.

Ombudsman Chizumila oders army to

Ombudsman Chizumila oders army to pay Mande all his dues

Mande, who was based at Moyale Barracks in Mzuzu and was employed in 1996 as a Private Soldier, lodged a complaint with the Ombudsman alleging that the MDF treated him unfairly.

He also claimed that he was forced to resign under duress while he was still serving soldier which did not go down well with the MDF who regarded him as having committed an act of misconduct by complaining to the Ombudsman instead of his MDF senior officers.

According to evidence that was tendered to the public protector (Ombudsman), it is said that Mande after serving MDF for 10 years with colleagues with similar number of years applied for retirement but to his dismay his colleagues applications were granted despite his not being successful.

However, MDF spokesperson Captain Paul Chiphwanya said since Mande only served for 11 years he was not due for retirement since he did not serve the required 15 years as stipulated in the MDF Act.

“I think what he got was three months pay because currently we are using the new MDF Act Chapter 12:01 of 2004,” said Chiphwanya.

Mande further gave testimony that he reacted to this by lodging a complaint to the office of the Ombudsman and the Ombudsman in return wrote the Army Commander and the Commanding Officer for Moyale Barracks soliciting their views on his complaint. This did not go down well with MDF hierarchy who felt that Mande had committed an act of misconduct.

“He was consequently put in a guardroom on 3rd September 2007 where he was made to lift tyres on top of being splashed with water. His ordeal did not end there, he was later approached by S/Sgt Matupi who told him that the Commanding Officer Namisika had issued instructions requiring Mande to write a resignation letter. It is further said Mande obliged due to what he described as ‘pain and unfair treatment,” reads records of the matter from the Ombudsman.

When the resignation letter was brought before the Commanding Officer he was told to rewrite the same as he had not written it properly which he obliged and he was sent back to the guardroom cell.

“I was taken to Commanding Officer in connection with the complaint I made to the Ombudsman. I was detained for 20 days. I disown the resignation of 25th October, 2007 stressing that the only resignation letter was the one I wrote on 3rd September, 2007. Resigning was not my intention instead I wanted to retire. I didn’t know that the Army Act had been replaced with the MDF Act,” Mande said during cross examination.

Mande’s first complaint he lodged with the Ombudsman, stated that he did the same as he felt that the conduct of MDF in refusing to grant his application to retire bordered on discrimination others like him were considered.

“In regards to my retirement it is not true that I did not qualify to retire and I reiterate that I did not write a resignation letter. I am surprised at being subjected to disciplinary proceedings for complaining to the Ombudsman, a constitutional body. In November I was told the approval for my retirement but was not given any letter to that effect,’ said Mande.

Therefore the Ombudsman Tujilane Chizumila ruled that MDF’s conduct towards Mande constituted maladministration and that the soldier had the mandate to resolve the matter administratively.

“Pursuant to Sections 126 (a) of the Constitution and 8 (1) (b) (2) of the Ombudsman Act I direct that Mande should with immediate effect deem to have retired at the prescribed period of retirement and pay all dues accruing to him,” ruled Chizumila.

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34 thoughts on “Malawi army forces solder to resign, refuses to comply with Ombudsman determination”

  1. welamdindi panji welamdimi says:

    Mukakhumbanga kuti mumupe 130,000.00 imwe mutole ndalama za litayamenti take, Kasi nthe?

  2. Ma Bwana a ku Army vuto lanu ndi chani ndalama ndi za Boma si zamthumba mwanu ayi. Sikuti munthu kugwira ntchito kucArmy ndiye kuti you’re above the law if the land ayi. Zachikale zimenezo. Military is just a wing of government mpatseni mwana ndalama zake apa.

  3. mbilonji says:

    fuck u all the people south and central of malawi…achewa ndinu anthu opusa kwambiri kukhomelerana basi fuck u all…………………………

  4. HR says:

    No. !0 , I agree with you 100% that ignorance is no defense. Every employee is supposed to follow laid down procedures as stipulated by the employer. However, the complainant was right to seek justice from the Ombudsman. Below are the reasons:

    1. His colleagues applied for retirement at the same time and were granted approval while his was not
    2. The mere fact that his bosses edited the resignation letter is an sign that they knew what they wanted to achieve
    3. MDF should understand the jurisdiction of the ombudsman first before victimising people. Ombusman looks at administrative justice
    4. The fault that Ombusman found on MDF was maladiministration , meaning that MDF violated its own conditions of service by applying double standards.

  5. Akulisinga says:

    Defence Forces world. wide has two cornerstones thus “Do and Leave it ” if those corner stones has an element of democracy, I will hear it from you. for example can you command a soldier to run 10 paces in front during war? akuyankha kuti ndili ndi ufulu pita wekha. Angamenye nkhomdo? ku army kuli police kuti makhoti kusonyeza ndi dziko lapaokha musalowelere ndi timalamulo tanu ta mdziko. Army job is a dictorship one. with democracy they can not win the battle.

  6. Ishoshe says:

    mupaseni ndalama zake munthu mdf mazikonda zimenezi

  7. Benjamin says:

    He would have written an email and keep a copy than letter

  8. mwanangu says:

    Major problem with malawi army is lack of formal education to many officers hence poor administration.

  9. Rhumphi says:

    Koma nde ife tizalowa koma

  10. Blessings says:

    Ku Police Nakoso mabwana a std 8 yakale kukhomelera ana a msce kuonedweso

  11. Max says:

    Kodi a Malawi alowere kuti ku Jubeki Xenophobiya kuno kumudzi kuzunzidwa ndi Mr.Chimphwanya !!!!!!!

  12. sunderstar says:

    Our Army needs some civility you can not Just illtreat people/juniors in pretex of Discipline
    people must be heard and a decision can be made using their disciplinary hearings. If this story is correct this man is not wrong but was mistreated because of asking for an early retirement. We should differentiate between Discipline and ill treatment, that is why bosses at the army can steal and cashgate they think they are above the law. The fact is indiscipline starts with them and they need an independent body to check on them and this man was not treated fairly by a Mr Chiphwanya

  13. This is the topics we should focus on not this MDF clap
    SA closes consulate in Lagos after fearing reprisals following anti-foreigner unrests http://goo.gl/uTYiq8

    Malawi should follow suit.

  14. This is the topics we should focus on not this MDF clap
    SA closes consulate in Lagos after fearing reprisals following anti-foreigner unrestshttp://goo.gl/uTYiq8

    Malawi should follow suit

  15. peter says:

    Early retirement is not a crime. He should be given his full dues.

  16. This is the topics we should focus not this MDF clap
    SA closes consulate in Lagos after fearing reprisals following anti-foreigner unrests
    Malawi should follow suit

    1. Crap says:

      Crap not clap. Unless you want to mean clapping hands. Do you say leggae music?

  17. nazimbiri says:

    nabolaninso yanyumba,kudya pompo komanso 15 000 pa mwezi kkkkkkkkkkkkkkkkkkkkkk

  18. ujeni says:

    Stupid Malawi Army full of idiots and robbers. Pay the man his retirement dues. Army senoirs are involved in too much cashgate no professionalism at all. You’ve never experienced a war yet you want to act tough on small matters. Mxii!

  19. Nyambitoni says:

    Ubulutu ku army ukadalipobe? 21st centuary kumapangana zopusa ngati zimenezi

  20. Xenophobix says:

    No 64 months because he earns 43,000 Mwk.

  21. Friends of MDF says:

    straight forward. According to the spokesperson , retirement at MDF is after 15 years service, so what’s the nonsense here really? Should MDF break the law? NIKISI,!!!!!
    This was procedural and no complaints whatsoever!!!! Ntchito iyi ndiyophana and shall be treated as such

  22. Xenophobix says:

    K130,000.00 three months pay. He would earn what I get per month for 21 months kikikiiiiii!!!!

  23. dayfri says:

    mpatseni zake basi

  24. wakale says:

    The excuse by the soldier that he did not know that the army was using the 2004 MDF Act in 2007 when he was forced to resign is very lame. The Army Act was discontinued some time back. For ur information Army duty is a calling not a just a job, that is why u have to take an Oath 2b in the force for a specific period. You cannot resign, it must b under very special circumstances under which u “may” resign! The MDF has its own Rules and Guidance as specified in the MDF Act and MDF Regulations! Pliz let the MDF follow its mandate, otherwise if u let the Ombudsman interfere with the laid down procedures of the Army u will lower their discipline standards. That is why if u absentee urself or run away from the Army they will hunt u and find u, charge u and throw u in the Guard room for 28days Imprisonment with Hard Labour(IHL)then discharge u. By the way 28days IHL in army is equivalent to 6months imprisonment at Maula or Chichiri . Koma ma RP(Regimental Police) amadziwa kulanga munthu. Adzakamangidwa Mphwiyo muzamupititse ku Kamuzu Barracks, mimba imene ija izaphwa in 1week!

  25. Kokotowa says:

    Anthu a ku Malawi army ndi otopetsa

  26. Zanga Phee! says:

    Taking chances on Mande is what i have seen here,Why staff were not briefed about the new act.Treat him like your fellow Malawian who have also responsibilities in life MDF is regarded as a discipline institution so we don’t want stories of dictatorship in nature.Please pay him for a period of 11 years then.See my name.

  27. Jelbin mk says:

    Thumbs up Ombudsman keep protecting vulnerable people especially those oppressed by their seniors.

  28. enala chipandwe says:

    armies the world over are generally accountable. Koma MDF is still shrouded in needless secrecy kumanamizila kuti they’re a national security apparatus. My respect for MDF waned kalekale!

  29. Uuuum mpatseni zake inu a MDF chili Kwanzako

  30. I didnt knw Malawi had Solders……..amene ndimadziwa ndima Soldiers……mwati editor wa nyasa ndi nda

  31. Innocent says:

    Apa sindingayankhulepo overwise ndikaikidwa ku guaqd cell.

  32. Anthony Phoya says:

    Shame on you poor MDF Soul jazz…….Sindimasilira to join the service. ..

  33. Tsiripas says:

    Unfair .he wil merge wit criminals basitu apa

Comments are closed.