Malawi government has strongly rejects claims that the Peter Mutharika administration is considering to have civil servants liable for work related litigation if it is proven that a public officer is responsible for the unlawful act while discharging his or her duties.
The office of the Attorney General (AG) noted that over 90 percent of the litigations currently against government are due to poor judgement by public officers, yet it is the taxpayers that bear the full brunt of individual mistakes.
Attorney General Kalekeni Kaphale is quoted Kaphale to have said “in the event that litigation is as a result of proven individual recklessness, then the law provides that the money be recovered from the individual who has caused the litigation.”
The Civil Servants Trade Union- secretary general Madalitso Njolomole criticised the plan, saying it is disturbing, according to what he told the country’s flagship daily, The Nation.
Minister of Information, Tourism and Culture, Kondwani Nankhumwa, is a statement seen by Nyasa Times dated August 12, 2014, denied such plans and has dismissed the stories as “untrue and distrustful,
Nankhumwa, who is also government spokesman, reminded the public that policy is never introduced through unnamed sources.
He said Attorney General was merely stating a legal position, not announcing a policy introduction.
“Being the Principal legal advisor of Government, the office of the Attorney General has the right to assert itself on the position of the law,” explains Nankhumwa, adding, “When that office states the position of the existing law and expresses the need to follow it, it should not be misunderstood as introducing new policy.”
President Peter Mutharika also told reporters at Kamuzu Palace on Tuesday also rejected claims if the litigation personalization ‘policy’ saying “This is a fair government and we are not going to punish anyone; so, go and work.”
Mutharika said civil service reforms government has instituted are not targeting any individuals, but that his government is geared to make the service more efficient and effective.