Ansah, Muhara, Kaphale shamed in Ombudsman report: ‘Acted illegally’ on South Africa lawyers’ deal for Malawi elections case

March 5, 2021 Wongani Chiuta - Nyasa Times 50 Comments

Ombudsman Martha Chizuma on Thursday released a report titled  ‘Upholding Professionalism,’ an investigation that her  Office carried out into allegations of abuse of power and other acts of maladministration in the procedure  of procuring and engaging South African (SA) lawyers by the Malawi Electoral Commission (MEC) for the presidential election appeal case in which former Attorney General Kalekeni Kaphale, former MEC chairperson Jane Ansah and High Court Judge Lloyd Muhara – all from the legal profession- have been shamed for flouting  laws abused power.

Ombudsman; Martha Chizuma: Released the report in Lilongwe  titled  Upholding Professionalism,
Ansah:  Ordered to pay back K3.1 million in public funds
Muhara : Judicial Service Commission asked to review his attainability as judge
Kaphale: Faulted, ordered to pay back the money
Kajoloweka:  YAS lodged the complaint and welcomed the determination, saying the youth and governance organisation will study the report for further action.

The investigation was motivated by a complaint dated 14th April, 2020 lodged  by Youth and Society (YAS) – an organisation. led by vibrant activist Charles Kajoloweka.

The YAS complaint alleged various acts of maladministration in the manner in which MEC procured the services of South Africa lawyers  Dumisa Buhle Ntsebeza SC and Counsel Elizabeth Makhanani Baloyi-Mere.

In their findings, the Office of the Ombudsman said Kaphale and Ansah, a retired Justice of Appeal of the Malawi Supreme Court of Appeal,  abused  their powers and breaching procurement laws in connection with the South African lawyers.

Chizuma said the failure by the former AG and former MEC Chairperson to negotiate fees  that were reasonable was maladministration.

“The surrendering of the soft copy of the Constitutional Court record by the MEC  Chairperson and the former AG to the South Africa lawyers even before the procurement  processes had begun was clearly unreasonable and a mockery to the procurement  guidelines,” said Chizuma.

“The pressure exerted by [Ansah] on the Internal Procurement and  Disposal Committee (IPDC) to the extent that they failed to properly deliberate  on this procurement and merely rubber stamped the decisions that were made by the MEC Chairperson and the AG was improper.

She said the former AG and MEC Chair “acted illegally” for facilitating the travel of  Mboweni Maluleke Inc. A to Malawi and start executing the Retainer Agreement  before a ‘No Objection’ had been received from the Public Procurement and Disposal of Assets (PPDA).

The Ombudsman ordered Kaphale and Ansah to refund in equal amounts K3 155 248   in public funds used to host the South African lawyers  through accommodation, beverages and meals at The President’s Hotel in Lilongwe.

“This money should be paid back to MEC and proof of payment should be submitted to my office by 28th April 2021,” she said.

Further, the Ombudsman also tasked the Judicial Service Commission to review Muhara’s attainability as judge following his alleged involvement in the controversy.

The investigation, she said, uncovered that Muhara, while serving as Chief Secretary to the Government, influenced the illegal appointment of board chairperson for PPDA.

The former Chief Secretary “knowingly, deliberately or out of sheer incompetence” facilitated the illegal appointment of private practice lawyer Madalitso M’meta as chairperson of the PPDA board.

The report further uncovered that M’meta ended up playing a critical role in enabling MEC to hire the South African lawyers in disregard of the laws.

“The failure by the PPDA to articulate with certainty what method of  procurement was used in this matter was an abrogation of duty.

“The failure by the Board to reconvene and deliberate on the technical report was an abdication of their duty and contrary to the set internal procedures at the PPDA,” said the Ombudsman in the report.

M’meta has also been ordered to reimburse K8.7 million in allowances he received between November 2018 and June 2020 as PPDA board chairperson.

Asked for a comment, Ansah said she will only  comment on the matter when she reads the report.

Commentator Mike Fiko argued that Ansah “symbolized a dark force that assaulted our democracy” and her continued clung to MEC was not good for Malawi and generations to come.

“The respect, the integrity, the honesty and the adoration that brought Ansah to MEC is all gone. She left MEC weighed with guilt and anger—and that is where her history, the history of Jane Ansah’s stay at MEC begins. It will be one a profile in shame.”

Kaphale said he has received a copy of the report  and was going to read it, saying  if he has to make any step, he will comment.

Muhara could not be immediately reached for comment.

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50 replies on “Ansah, Muhara, Kaphale shamed in Ombudsman report: ‘Acted illegally’ on South Africa lawyers’ deal for Malawi elections case”

  1. The problem with Malawians is that we like sweeping issues under the carpet. If we are really serious with uprooting this evil of corruption, we need to hold these servants of Malawi to account. Izi sizakalekale. Those who say that are themselves benefitting from this evil. These guys should be made to pay for subjecting the nation to one of the darkest experiences the nation has ever known. Malawians will not forget easily.

  2. MEC was under pleasure what could it do? It asked lawyers to represent them but all said they were already engaged by the petitioners mumati anzanu akanatani? Mind you moto umapita uko kwatsala tchire zoonadi lero you are pushing these ppo left and right tomorrow dont think you are angels. There are some incidences when we should accept the blame. Because the judiciary then had the powers to allocate some lawyers to represent MEC but no wonder that it was a calculated move koma dziwani that a measure you use for ur colleague mawa womwewo adzakuyeza nawonso. Bwanji iwe Martha Chizuma usakutulutsa lakuti the incumbent President is not eligible to govern Malawi. He is serving Malawians using the same signatures of the so called incompetent commissioners Mathanga ndi Kunje. Because if we are to play a fair lets call for another elections? How did this happen like that i dont understand until now kuti lero anthu womwewo akusayinira cheque chako and get money from bank tomorrow u turn against them and say you are incompetent. God is watching this and Malawi will pay heavily on this. Dzanadzanali a Chimwendo criticized Yeremiya Chihana for undermining the role of the vice president in the pretext that the two offices President and vice’s should be respected. Adziwa lero kuti these two office deserve respect? Sidzana lija mudamukuwiza APM in the same chamber where were you and you were amongst them too? Chonde udani sumanga mudzi APM mwamuchitira zooopsa mdziko muno but God is taking back the kingdom from ur hands and give it back to DPP and is mudziwe whether you want it or not but time has come when God would to show you and revenge on whatever you did to DPP regime. APM Mulungu azimudalitsani because he showed maturity when he urged all Malwians to be respecting the office of the president anatero mpaka kunena kuti that office ndi mtima wadziko so it is not the office yomangoyinyoza chisawawa NO! what good and sweet message from the PROFESSOR! Long live Democracy and long live APM long live Chakwera my President i love you and your vice koma be mindful of what you did last time kwa mnzanu APM God forgive you.

    1. This is just silly. These people knew what they were doing was against the policies and procedures of the organisations they were entrusted with. They need to be held accontable.

  3. Ansah, Kaphale, Muhara and M’meta constituted an evil quartet that had deliberately connived to assault the constitutional democratic order of the Malawi nation.

  4. yep!
    still paying them in full. Stinky system

    jeni anangosowa pano ndi m busa ku nottingham UK.
    the linda and mathangas still on loose. Lord tiomboleni.
    no milandu for
    bakili
    jb
    pitala
    ntaba
    cisale
    caponda maize saga he bribed.
    so commissions done and nothing came out .
    bwanji kungotiuza in ma jaji kuti wankulu samangidwa lwt alone pooing.

  5. if you point a finger at your friend,Three fingers points at yourself.Wait very soon the hunter will be hunted

  7. Marcopolo, Do you want public officers not to be taken to task for the wrongs they have done. I think that’s not the way Malawi need to take. Such comments as yours are the ones that encourages abuse off power and misuse of Government moneys, for they created a safe haven for office bearers. Remember all those challenged by the Ombudsman are but Lawyers and we’ll equipped to defend themselves. Let’s not

  8. What we will never hear is that the election case was a conspiracy. It actually puzzles me up to now why a person that went to seek justice for the people in the name of a rigged or undue election got paid billions and the people he did it for got nothing? No one talks about it! The narrative has been to demonise anyone associated with DPP.

    This Martha Chizuma is just a pawn in the game of Chess. Being used to champion darkness and persecution which many think is the rule of law.

    Take for instance, why should the Judicial Service commission determine the suitability of Justice Muhara as a Judge when whatever mistake if any was made when he was serving as Chief Secretary to the Executive Arm of Govt? Is it now vengeance by the CJ using Martha?

    The problem in Nyasaland now is that our judiciary has been put inside the Chakwera underwear, they are seeking exorbitant pays and better working conditions, all they will do is leak Chakwera’s ass.

    As a Malawian, what can Martha tell us about the recruitment of the Reserve Bank Governor? Tell us the recruitment of Bizwick and his deputy Katsonga at MRA, tell us about the recruitment of Mtumodzi at Ministry of Information, tell us about getting outsiders to act on positions in an institution that already has people to act. As a public fighter do you have to wait for someone to complain to you?

    1. Eh Khani yakukhudzani iyi eti?
      You are contradicting and twisting yourself into a pretzel.

  9. Any critical eye would notice the script Martha is following. Any elastic rubber has its own level of elasticity. Much as this woman is intelligent, she will soon come to break. Martha is stepping her mandate and just like any mbuzi yomwe yakondwa just know for sure, the buyers are on the way.

    1. Learn to appreciate and give credit to someone who is doing good.What good things do you want to bring sanity in our country?SHAME with you comment.

    3. How I continue to wish that Malawi had such ethical, professional, and objective people in high offices like this Martha Chazuma.As many said before, Jane Ansah & Kalekeni Kaphale were just too compromised professionals dancing to the tune of the aged and expired former President Peter Muthalika

    4. We need more of Martha Calibre so that this country can see meaniful change in how public servants discharge their duties

      1. Agreed bwana and Martha if she is to be taken seriously, let her bark against any wrongs that are being committed now. In order not perceive any change of Government in future as a cause for such behaviour.

    2. Exactly Chakwera’s agent! These people have been meeting to plan and they found Martha Chizuma as a spot to do what they want.

      All her reports have been going to her team of MCP mafias to edit and then give consent. Their agent at Ombudsman is Arthur Semba who actually meets Mkaka and Chimwendo at Capital Hotel.

      Malawians are only hoodwinked into believing that Martha is doing this for the public good. Observe and observe. Ife anyamata a Lilongwe tikuzitsata izi. We worked hard to oust DPP but what we now see is not what we hoped for.

      Like I previously said, la 40 lidzamukwanira Martha Chizuma.

  11. Jane Ansari is useless.
    She is corrupt to the core…must really pay back taxi payers money.
    Mwanakazi chindere chomene Pano pasi ndi Justice J.Ansar…
    She took Dpp and Peter Muthalika as her God..soni uko you uko,zikukole ntchewe iwe. ….ukatimbsnizga visankho 2019,now you feel ashamed Chakwera is in state house peter wakayo is swimming on the waters..
    Luta ukamugulumule pa muwongo,must be your husband….why?you made him winnee but he didn’t,
    Soni zikukole iwe ntchembere gandule
    Forsake !!!!

  12. Truth be told, this woman has an axe to grind with southerners. It seems she is employed to fight southerners. Check all her so called sham investigations. She cant investigate any of the overwhelming shortfalls of this temporary onse gaffment. Shame to you Martha!

    1. Not all Southerners are affected by this. Stop lying, only mbava and those who thought were above the law and acted with impunity

    3. This issue is not about tribes and regionalism baba,that shows your brain is not working.We don’t want such kind of useless and baseless comment

    4. Someone at least has eyes. She is on the quest to deal with Southerners. Even her office has eliminated Southerners.

    5. Shame to you the regionalist, not the professional Martha Chazuma.

      The ombudsman November 2020 Covid report was equally objective, the report fairly tackled mismanagement of Covid funds both under APM and LMC, a testimony that Martha is a true professional contrary to your reginalistic claims.To hell with Bakili Muluzi thinking based on Regional lines,

      The mis procurement of the SA lawyers by MEC was not a Sothern Region issue but rather a national one, public resources from taxpayers whether from Chitipa, Nsanje were misused

  13. So what?
    It’s not like anyone will do anything about it.

    We are just wasting time and money with these useless investigations and audits will go nowhere. There is no real political will to punish serious wrongdoers and set an authentic example. Before long, half of all government workforce will be working full time on investigations.

    Next…

  15. Muhara was at the centre of everything wrong with Peter Muntharikas administration. The worst spc of all time! I repeat in Donald Trumps words”The worst of all time! He messed up like never seen before anywhere in the world” He should be ashamed of himself.

  16. Lawyers are liars as Kamuzu used to say. Mdando was used by Petulo a lawyer by profession to cheat Malawian that he had won the election.What a shame

  17. Mukufuna kusokoneza anthumitu bwanji zimenezi zinapitakale musayambe kunamapo apa, tiyene tikambe zomwezikuchitika lelozi zikolamalawi likukokeledwa kubowo ndi njoka, palibe chomwe chikuyenda chuma akungogawana akulu akulu zakaziwili sizinathe koma ndalama zabedwakale za nkhaninkhani nanga pokutha zaka zitatu ku reserve bank of Malawi sikukha kulibe ndalama zachisonitu zomwe likupanga boma la tonse

    1. Zikuchitika lerozi mawa zidzakhala za kale akulu. Behave like a mature person. Nde bwenzi Chisale akuyimbidwa yokuba certificate?? Inutu DPP inakhazikika mmutu mwanu moti chili chomwe ambuyanu anachita chinali chabwino. Milandu suwola asiyeni alavule zomwe anatidyera

      1. You are genius! These idiots thought they are the only Malawians in this Country, that’s why they thought their tribe is better than others! Foolish thieves!

  18. Very intelligent young woman lawyer and too honest than any other lawyers. The problem is that even our Judges are also lawyers and crooked ones. If these other lawyers not Judges as of now would be punished I this Malawi as a country would be a place to live. Every lawyer you see wants to drive Benz the latest class, stealing from people and becomes rich for theft. Martha is an excellent lawyer in Malawi and not zinanzo.

  19. Martha is one of the best lawyer of the land.Many lawyers shield their other lawyers like what MLS dis at MEC. They feared Kaphale and Jane for being lawyers themselves. Martha should therefore investigate also about some government houses APUSIWA bought in various locations thus Blantyre,Mzuzu and Lilongwe ending up with Zomba and Mangochi. This government is full of thieves and the JUDGES in all courts must be very careful with these crooks. They are many and some of them are known well in our cities.Go to BSC Hill, Chigumula new sites,Namiwawa, Fargo, next to state house, Nyambadwe, Area 47, Area 44, New Area 43, Area 10, 12,9 and Mzuzu,Mangochi and Zomba. Tae them to task and you will see them caught. KUYENDERA MAGALIMOTO ODULA PA TOWN -KUBA. Many private sectors, companies and the government mwabedwa kwambiri and people have built mansions in the Areas mentioned above.I think the strategy late Kamuzu Banda took was excellent and all these crooks would have been in jail by now. These lawyers are they taught at Chancellor College to STILL from people? It must be a very bad carrier personnel. Better close up this subject at Chancellor College because Malawi is now in big mess due to lawyers and let them go elsewhere and learn such crooked ways.Because it is already in existence Martha should go ahead to investigate these crooks including your fellow lawyers.AKUIPISA MAPHUNZIRO AKO MARTHA. MLS is another toothless branch ndipo akanso KATHE kalibe ntchito ku mtundu wa aMalawi.

    1. Especially if it is against you and your team, it’s very very very indeed difficult to understand her!

  23. A kuzimva a Jeni Ansah. You cant our ombusman young and intelligent but very simple , high articulating skills with professionalism and honestness. Iwe ndi Kaphale wakoyo mwangoti mbutuma , your face is carrying bodza lokhalokha. mukalamba msanga ndi bodza.

    Good work Martha. Malawi need such a people. Sukalamba , you are honest
    

    1. Nanunso? Tavomerani kuti anthuwa adagwiritsa ntchito udindo molakwika. Regardless of politics.

      1. Ife tinavomera kale and we wonder why this now reminder. The government is trying to divert your attention away from current problems

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