Ombudsman determines Magalasi was ‘illegal’ Mera CEO, orders no benefits pay: Chizuma fixing Malawi on ‘rule of law’
Ombudsman Martha Chizuma has made a determination on the recruitment of former Malawi Energy Regulatory Authority (Mera) chief executive officer Collins Magalasi, saying it was “illegal, unprocedural” and “maladministration.” and therefore ordered the Mera board not to pay him any end of term benefits and if the same have already been paid they should be reclaimed.
Chizuma made this determination on Friday in Lilongwe when he released the report on unprocedural recruitments of executives of Mera
She says that her office investigated a host of recruitments amid allegations that some of the officials did not have the right qualifications and that normal recruitment procedures were bypassed.
Chizuma said that the appointment of the CEO was supposed to be done by the Mera board, according to laws, but she noted that the process was hijacked by the State House in 2017 soon after the expiry of his contract as former President Peter Mutharika’s chief economic advisor.
The Ombudsman – the public protector – highlighted that the Constitution under section 89(1) (d) does not give overriding powers to the President to appoint the CEO under the Public Service Act as he chooses.
“This provision clearly stated that the appointment by the President is subject to the Constitution and Act of Parliament. This means that the powers to appoint to a specific position have to be stated in the Constitution itself or indeed the Act of Parliament that is relevant to that appointment must mention that the President is the appointing authority.
“For instance, the Constitution clearly gives the power to the President to appoint persons to positions of Attorney General, Inspector General and others. In as far as the Acts of Parliament the Corrupt Practices Act provides for the appointment of the Director General of the Anti-Corruption Bureau. This is what s89(1) (d) is all about. Any understanding short of this is contrary to the law, therefore illegal,” said Chizuma.
She says Magalasi’s employment was “illegal” and the fact that his appointment surpassed the Mera Board, which is the legally mandated authority, was effected by the President and did not follow the process for open and fair competition is contrary to the existing laws “thus maladministration.”
Magalasi was sent on forced leave last year and his contract has since expired.
Ombudsman Chizuma said is Magalasi was still in employment, she would have immediately nullified his appointment for reason that it was illegal.
“This is how as a country we walk the talk on rule of law and ensure that public confidence in government administration does not get shattered and arbitrary actions do not get sanctified,” she said.
Chizuma said whilst am aware that Magalasi did provide a service for which he was paid during the time of “illegal employment” this does not in any way regularise his employment.
“His appointment or initial entry was illegal and therefore unenforceable both at law and public policy. As CEO of a parastatal like MERA he knew or if he did not, he ought to have known that his employment was illegal,” she said.
Accordingly, Chizuma says, whilst Magalasi provided a service for the period of his contract “the whole exercise remained in the realm of an unauthorised adventure. “
She said: “ Nothing comes out of nothing and no claim can arise out of this because any right to such claim is consequential to a valid appointment which was non-existent in this case.”
Chizuma said the Office of the President and Cabinet (OPC) to refrain from appointing the Chief Executive Officer of MERA and instead follow the law to the letter and allow the Board to make the appointment.
“The OPC should ensure that it strictly adheres to the law when it comes to the removal of Board members for MERA,” she also recommended.
The report also discloses that the other recruitment under review was that of planning, monitoring and evaluation manager currently occupied by Geoffrey Chilenga.
The Ombudsman said she discovered that Chilenga came second during the interviews while Pacharo Mwanza was first.
However, Magalasi told the Ombudsman during the investigation that Mwanza was overlooked after he was tipped off that the successful candidate has fake social media accounts which he uses to leak information.
Chizuma suspected that this was just meant to discredit Mwanza to the benefit of Chilenga.
She has since asked Mera to seek references for Mwanza and offer him the job if they are pleasant.
The Ombudsman has also ruled that Mera information communication and technology manager Billy Kayira be replaced as he does not have the required qualifications.
In another verdict, the Ombudsman has ruled that Mera internal audit manager Alex Ganiza be demoted because he did not have the qualifications to rise to the position.
Ombudsman said her office also investigated the complaint of irregular recruitment of Mera director of economic regulation (DER) Chimwemwe Dunkalo on allegations that
the post had specific prerequisite education qualification requirements, namely, a Master’s Degree in Economics. However, the CEO of MERA modified these prerequisites to suit Dunkalo who does not have this qualification.
“There is nothing wrong with the qualifications of Mr. Dunkalo as DER. The allegation that was levelled against him therefore lacks merit and is dismissed in its entirety,” SHE SAID.
On the position of the Director for Liquid, Fuel and Gas (DLFG) Mrs. Alinafe Mkavea, it was alleged that she does not have the prerequisite qualifications for the position which, according to the job description and the advert that was released during recruitment, is a Master’s Degree in Chemical Engineering, Chemistry or Engineering.
“Mkavea was the best candidate out of all the people that applied for the post all of whom were missing some of the stipulated requirements. She possessed relevant Bachelor’s Degree in the relevant technical field plus the relevant expertise in Fuels and Gas.
“The failure by the Board to formulate alternative requirements for the position or re advertising when one considers the particular facts of this recruitment would not have changed the outcome of the interviews. There were no issues of favouritism, nepotism or bias in the recruitment process,” Ombudsman says in her determination.
She says any party dissatisfied with the Ombudsman report is entitled to apply for review at the High Court pursuant to section 123 (2) of the Constitution within three months.
The report has been titled ‘Institutional Anarchy.’
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Martha Chizuma Martha Chizuma. Politicians will fuck and dump you but you still need your life. Slow down.
Ombudsman uyu akutsatidwa ndi chinthu chachikulu.
Witch hunting at it’s best.
Mbuzi ikakondwa amalonda ali pafupi.Amayiwa akondwa nayotu ntchito yothana ndi anzawotu.Ma report ndi ma investigation a macadet okhaokha ganyu alipo,bola kuzazimalizitsa bwinobwino.
Malawi will never be fixed if Chikhis remains the SPC. The guy has completely destroyed the civil service by retiring retired civil servants and employing church members and party cronies without any interview. Worse still these people are being employed without going through any interviews are are being given top government position at the expense of deserving long serving and highly qualified civil servants. All top positions on government are being choked by these outsiders like Bendulo who has been given the post of director yet he does not have any qualification yet the position of director in government requires one with a masters degree. Civil servant trade union should rise up against this stupidity because it is demotivating to hard working and highly qualified civil servants who want to rise to the top.
Truth is that what has been unearthed at MERA is just one of the many blunders the past administrations made. We never had governments but, rather, bunches of crooks who made sure parastatal CEO’s were nothing but agents for corrupt deeds such as looting and plunder of taxpayers money and other resources.
As far as I can remember, there hasn’t been any advertisements for a long time for parastatal CEO’S or other top management posts. Appointments were made at presidential whim, usually with no regard for prerequisite qualifications. Magalasi is the unfortunate and unlucky one.
Welcome development but the Ombudsman must also be pro active in handling cases that are arising presently in this new administration. So many silly appointments by Chakwera and company. Will she be brave or stick to being a puppet?
This woman seems to be working because she is tackling cases of those who are already down by law and have no backing from the top brass, mainly from DPP, I will praise her fully when she starts climpling on the balls of the ruling elite(the Mkakas, Kambalas, Chimwendos), it was the same with former South African public protector Thuli Madonsela when she was bold against the former president (incumbent by then) and everyone praised her and she became an idol only to realise that she was pushing an agenda for white monopoly capitalists!
But MERA was functioning much better under Magalasi than now. Malawi benefited from his competence much more outweighing the seemingly ‘shortcut’ in his appointment. Chizuma is simply Chakwera’s political agent in his quest to terrorise Lomwe people. But again we are watching all this. By the way where was chizuma all these years when Magalasi was serving “illegally”?? Is chizuma really competent??????????
Project exterminate Lhomwe’s on course
You may be disppointed to see that at ACB she may not be as effective as she is at Ombudsman.You should understand why Matemba didn’t want to continue. Let’s wait and see.
Matemba had the wind already that he was being considered for Solicitor General, therefore, he was to show as if he didn’t want to continue. If he didn’t had an alternative he would have wanted to continue
Well done Chizuma. For fairness’ sake, my appeal to you is that when you finish investigating the alleged names of individuals at Egenco, you should also investigate how Chikumbutso Mtumodzi was recruited at the Ministry of Information when MISA Malawi condemned the process.
What about Mrs Hilda Singo the Finance Director at Egenco?
No advert for vacancy and no interviews. Anangowola ndi magazi. She was fired at MTL coz she could not produce accounts, very incompetent.
There is also Mr Banda there husband to Jefrey wa Jeffrey who was employed in a similar manner.
We want these cadets out!!!!
Oh yes Hilda Dingo must be flushed out honestly, u can not just become Director of Finance without Job interviews, no Job advert just like, this idiot was fired at MTL for incompetence, two weeks later she was Director of Finance at Egenco just like that, that’s not fairness honestly
You don’t need to demote anyone. Is it wrong for an employee to get promoted based on experience?
Tony bendulo has no qualification but government has recruited him as director of ICT because almost everyone acknowledged he is experienced and very good at ICT. This lady is just overzealous for nothing
If that is the case so there is no need for one to go to school..its very shamefull that all the masters degree holders in ICT should be headed by somebody without qualifications. Thisbusbverybstupid decisions and civil servants are stupid to accept to be headed by bendulo who has no qualifications yet they have toiled to get qualifications. This is one of the stupid things that Zangazanga is doing in government.
Anthu a dpp were not serious to run this government and the aim was just to enrich themselves. Look at late Maxwell Mkumba. The guys was just an economist and was given a very technical job. Munthu was economics ungamve chiyani za Electrical Engineers or engineering. The report says the shortlisted engineers all failed. If engineers failed could someone with a degree in economics understand this? They engineers did not fail but Mkumba was there just to earn a living and not work. You have to play your games right and God has plans for all of us. Arrogance does not pay. God saw that other tribes in Malawi were suffering. The Yaos suffered. The Senas suffered. The Tumbukas suffered. Worse than all were Chewas. These guys could not even make Ntaba a minister despite all his hard work. DPP should never come back.
Komatu aChewa amaziononga okha ndi chipembedzo chawo Cha gulewamkulu chija. Atumbuka amaziononga ndi nepotism yawo ija. The Yaos and Senas did not suffer. Koma zikusintha chifukwa mafumu ambiri a aChewa akulongedwa potsatira mwambo wazipembedzo zina osati zagulewamkulu. You can not abide by gulewamkulu and be wise at the same time, zosatheka
Nanga uyu wapasidwa u director wa IT ku opc uja bwanji?? This woman is not helping Malawi she is serving the interest of vengeance for chilima. By the kodi chilima ndi mkalidi kapena okuda ngati Malawi ndanva kuti he is from Mozambique ine kudabwa nkhaza too much
You may to call that she received complaints from within MERA and that’s what moved her office to conduct an investigation. Therefore, if you lodge a complaint that OPC has illegally and irregularly employed someone, do the same she will assist accordingly.
thank God,
Are Chakwera’s appointment of friends and family members into cabinet legal? Is the blosted cabinet legal? Are all CEOs appointed by Chakwera legal? The likes of chidanti are they legal? Is Chakwera’s firing of Lomwe people from Offices legal? Iwe martha chizumagalu why are you targeting DPP only?
Perhaps the best comparison will be that of Chidanti Malunga who we are told was appointed by TC board. While in a case of Magalasi, the board was bypassed and that’s what Martha is saying is illegal and irregular. For the cabinet, if you read the constitution it is the prerogative of the president to choose such and such to serve in the cabinet. Until we change the act and have the nominees pass through parliament, then if a President is such instance bypasses parliament that will be deemed illegal. Therefore, let us not be choosy and picky to satisfy our egos.
Nanunso inu mungamasekelere zopusa zochita president chifukwa choti ali ndi constitutional mandate basi? Your type created the murderous presidency of Hastings Banda. Up to now you have not washed your eyes to see that arbitrary use of power by the President is not acceptable, kapena ndiwe uja umalondera ofesi ya abusa ku Assemblies of God ndipo panopo ukumathilira maluwa ku State House? I must commend you for improving your english.
Just a small correction. You should have written ” Why targetting DPP thieves only and not the other thieves?” The straight forward answer to your question is” Because no one has complained to her office about the other thieves and you can do so if you have credible evidence. She will investigate.
This woman is a tribalist fighting southerners. Shame on her. What goes around comes around. Soon, she will taste her own medicine.
Looks like you are a tribalist yourselves. She is correcting anomalies that big powers starting from Che Bakili to present have been doing things illegally. So if it happens that an illegal thing happened and there was a southerner, then let’s deal with that objectively
U are an idiot because she is also from southern region Zomba, do which southerners is she hating? Vito loganiza using tribal brains, no rationality on everything, only tribes reasoning
she is from Nkhotakota North, Tonga by tribe
So what ? If u r illegally employed just wait for the chop, whether she is a Tonga, Ngoni, manganja or Yao but Chizuma is doing her intended job amicably .
Chizuma can make a very good president. Our own Magufuli and Paul Kagame..You go girl!!
Tithana nawe pa nthawi yako ..Ingotiphee uwone
Madam Chizuma, that is the way to go. It is a pity that employment malpractices have become institutionalised. For Che Collins not to be paid/pay back the money is the right dosage for such actions. We need such approaches to issues like these and maybe we can learn and stop such stupidity.
Magalasi apatsidwe ma benefits ake because he was appointed. Restrain his benefits today, izafika nthawi muzamupatsa at some court’s order, you are trying to romance with the law. Hold to account the appointing authority. Be objective osangokonda zokhazo zokondweretsa mapirikaniro a Chakwera. Whilst investigating zakale izo bwezinso mukumveka kuti pa Crossroads mwalembaponso report, kabineti tinayidandaula ija mukanachitanso ka report. Being a public defender requires kusayang’ana nkhope. Mbavq zanthawi ya DPP zineneni, komanso mbava zaulendo uno zineneninso. Anyway, paja anakusankhani kale kuti mupite ku ACB ndipo za mainterview zichitikezi is rubber-stamping chabe. Mukaone m’mene ndale zitakakukazingireni mukakakhala selectively objective
Magalasi was part of the problem. He knew from start, he was put there as a conduit to syphon money for DPP. This is the same reason he has several court cases of financial mismanagement because the guy had to please the person who had put him there.
We also need a report on how Ntumodzi and Bendulo were awarded employment in government. This anarchy by Chikhosi should stop.
amayiwa paja ndi a MCP KWAWO KU DOWA INE NDAMUPATSAKO MILANDU YA ANYAMATA A MCP YOKHUDZA CONSTITUENCY DEVELOPMENT FUNDS KOMA ANANDIUZA SANGAFUFUZE ANYAMATA A MCP , PANO BOMA LALEMBA ANTHU AMBIRI MOSATSATA MALAMULO ALI PHEE E.G PRO WA AGRICULTURE YEMWE ALI NDI CERTIFICATE IN JOURNALISM PLUS MORE KOMA KULI ZIII
Rule of LAW now.Thank you Chizuma.
Eeeeeish… kwabuka moto kuti buuuuuu. Ndiye they say moto umapita kwatsala tchire – inu kaya mutani. Mungosowapo pamudzi pano.
Mpatseni security yokwanila mayi uyu. Am sure abale sakondwela.
Hoooooo, koma nde kwavutadi eeeeeee!
Amai awaso ativuta, kungokhalila kufufuza zakale bwanji. Nthawi yonseyi munali kuti madam, zoona kudikila munthu achoke pampando kenako muyambepo ma briefing to the media. Ngati ndinu dolo mai tafufuzani Covid19 money where it went, live case imeneyi osadikila tidzautuluke mboma kenako kumazati Covid19 zinadyedwa
Kale kunalibe mwayi oti chilungamo chisefukire ngati madzi. Anthutu analitola dzikoli. A cadet title was above a master’s degree qualification. Kungobvala Baretta ya blue was enough to get you position ya CEO. Monga inu ndi mlendo mu yerusalem muno?
Madam Chizuma ntchito yabwino pitilizani. Am just praying the tonse Alliance should send you to ACB
Mulandu suvunda Baba/mai
Anatulutsapo kaletu report ya Covid imodzi. Munali kuti.
U are a big fool, unya uwona umawona ngati phada eti
In case you missed the memo, she did investigate the Covid 19 earlier in the year and anthu anabwenza ndrama. Komanso ngati mungakumbukire anafufuza za tractor gate APM akulamulira and found ma PS awiri guilty. She recommend for their firing, mayiyu ntchito amatha ndithu. Mupatseni dandaulo, afufuza
Uyu amafufuza akalandila madandaulo. Za Covid 19 money, dikilani ikatha forensic audit which is in progress.
Komatu akuti ma Report a madela enanso ali ready. Ndiye mukanafatsa kaye kuti munve kwinako kulinji. Zikuwoneka ulendowu tangowuyamba chabe, ndipo ndiwawutali
Ayi akutha ntchitwache mzimayiyu 👊🏿⚖️🇲🇼
More fire, osasekela zopusa
Ankalephera kugwira nchito take chifukwa boma la DPP linamfinya, anali mkwapa ankalephera kupuna bwino. Even boma la UDF nso. Kona panoramic, amebe alowapo away, akuziwa malamulo nchifukwa chache mukuona wanasuka chinchilla.
Chitsiru iwe have you written her office to complain? She does not work on comments on NyasaTimes. If you want her to investigate something lodge a formal complaint. Kupusa busy being clever behind a phone keypad or laptop or whatever. Write to the Ombudsperson
MLANDU SUWOLA
What a stupid observation. Munthu umafufuza zakale kumene, nanga munthu umafufuza za mtsogolo zimene sizinachitike? Ubongo wa nkhuku!!