Ombudsman raps Lilongwe Water Board, labels it fraudulent

Malawi’s Ombudsman Martha Chimuza-Mwagonde has described the way the Lilongwe Water Board (LWB) treats its retired employees as fraudulent saying it uses its own maladministration as a defense against claims of legitimate payments.

Alfonso Chikuni CEO of LWB

Chimuza-Mwagonde said this in her determination when she ordered LWB to pay its former employee severance allowance by May 22nd, 2017, after the employee had fought LWB for almost 17 years demanding his dues.

Severance pay is only given to those employees who are dismissed for economic reasons (termination of a contract as result of redundancy or retrenchment, or due to economic difficulties, or technical, structural or operational requirements of the employer) or unfairly (unfair dismissal).

LWB employed Waston Gabriel Gondwe as its Senior Water Superintendent in 1984 and retired him in 2001.

LWB is a parastatal water utility organization in Malawi established in 1947 and reconstituted by the Act of Parliament ‘Water Works Act No. 17 of 1995. It is mandated to supply potable water to the City of Lilongwe and the surrounding areas, according to its website, http://www.lwb.mw.

Paradoxically, LWB did not pay him his severance allowance nor did it advise him that he was entitled to the same.

But when Gondwe settled at his village he was later informed by fellow workers who retired later than him that LWB paid them their severance allowance.

When Gondwe confronted LWB demanding his dues, he was informed that his claim for severance allowance was statute barred.

However, Chimuza-Mwagonde quashed LWB’s argument saying for a defense of limitation to hold there must have been an opportunity to go to court, which Gondwe did not utilize when they was still time.

“For the litigant to go to court he obviously has to be aware or had information of a claim enforceable through recourse  to courts. In the instant case it is clear that Gondwe did not have that information of his entitlement to severance.

“Furthermore it was LWB who had the legal obligation to inform Gondwe of his entitlement. In this case LWB did not prove that they discharged this duty,” she noted.

The Ombuds noted that LWB acted unfairly, unjustly and illegally when it advanced its own maladministration to defend itself.

“What they did to Gondwe is also criminal of which the criminal justice system could be involved. Gondwe suffered an injustice,” she said.

 

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

6 thoughts on “Ombudsman raps Lilongwe Water Board, labels it fraudulent”

  1. MWENDANATO says:

    THERE IS CORRUPTION AT ALL WATER BOARDS BY PLUMBERS WHO GO TO
    CONNECT WATER TO RESIDENCES FOR THE FIRST TIME. IN MY CASE THE PIPE
    WORKS FROM THE MAIN NRWB SUPPLY WAS NOT MORE THAN SIX METRES
    TO MY HOUSE . BUT ON THE GR IT WAS INDICATED AS 12 METRES. THIS MEANS
    THAT SIM METRES WAS STOLEN BY THE PLUMBERS. AT ANOTHER HOUSE
    THE DISTANCE FROM THE MAIN SUPPLY LINE WAS 10 METRES BUT ON THE GR
    IT WAS CAPTURED AS 22 METRES. PLEASE ACB AND WATER BOARDS CAN YOU
    FOLLOW ON THIS FRAUDULENT BEHAVIOUR BY PLUMBERS OF THESE
    WATER BOARDS URGENTLY. ITS THE SAME PIPES THEY ARE USING TO MAKE
    ILLEGAL CONNECTIONS

  2. Namadingo says:

    I’m a living example, to have water connected at your plot here in Lilongwe, you must have not less than MK100,000.00.
    The plumbing items are so exorbitant in the Asian Hardwares where you’re forced to buy from. Imagine, a tap going at
    MK12,500.00 whereby you would get it at MK3,000.00 in other local shops.

  3. Inspectah Deck says:

    Ndeno?

  4. Nigga says:

    LWB should also be slapped with punitive damages. There are alot of organizations out there that thrive on milking ex-employees of their hard earned dues. You do that with my money, all hell would break loose. Am no killer but don’t push me.

  5. youna says:

    This water board has alot to be checked. Its charging on new connections and at the same time asking its clients to purchase plumbing items at exorbitant prices from expensive Asian hardware shops. Thus their cost of water connection is almost double as compared to that of Blantyre Water board. Kodi a Malawi a ku Blantyre ndi a ku Lilongwe mukuwasiyanitsa pati? Chikhalirecho malipiro a pantchito (a boma)ndi ofanana regardless of work station.

  6. Malawian Mwanavava says:

    Truth pains. Waterboard please give him his dues, don’t waste our time to read such stories. Give the old man his money.

Comments are closed.