Supreme Court rules in favour of Ombudsman on Tractorgate: Politicians to face the rap

A landmark judgement delivered Monday has upheld the entire infamous controversial loan procurement of tractors from India and their subsequent resale to mostly influential politicians and government official in favour of the Ombudsman.

Ombudsman: Court victory
Let them face the music on the tractors and shellers scandal

The Ombudman’s Office  released her investigation findings on the complaint that her office received over the manner in which the Malawi Government sold some tractors and other farm machinery to public officers and other farmers.

In a 48-paged report by the Ombudsman Martha Chizuma Mwangonde specifically called for prosecution of the officials who were members of internal procurement committee (IPC) and “presided over the sale of the farm machinery and benefitted from the sale should be prosecuted in accordance with the Procurement Act,” plus an apology by three principal secretaries responsible for the ministries involved.

But the  Attorney General by way of judicial review challenged the report and its findings stating that the Ombudsman had no jurisdiction and also that some of the directives were unreasonable.

Attorney General also faulted Ombudsman for dictating the course of action on how it conducts its legislative business after she recommended that Parliament exercise caution when dealing with loan authorisation bills after observing that Parliament’s own Standing Orders were being abused by government to fast track poorly scrutinised laws.

The High Court agreed with the Attorney General and ruled that the Ombudsman had no jurisdiction over the matter. The Ombudsman appealed against the High Court decision to the Supreme Court with the assistance of renowned lawyer Modecai Msiska, SC.

On Monday,  a panel of Supreme Court justices—Edward Twea, Anthony Kamanga and Lovemore Chikopa—have finally ruled in favour of the Ombudsman by stating that the public protector has jurisdiction over the matter and the directives made in the report were binding.

The Supreme Court has given the Malawi Government 60days within which to comply with the directives of the Ombudsman. This is a landmark judgement in that it clarifies the Jurisdiction of the Ombudsman and also entrenches the roles of the office in as far as accountability of public resources is concerned.

The Supreme Court has promised to provide the full judgement by Thursday 14 February 2019.

Government obtained a $50 million loan from the Export and Import Bank of India for the procurement of the machinery under contention.

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President Mkango Lion Manthakanjenjemereza
Guest
President Mkango Lion Manthakanjenjemereza

Why is my country poor? No use of natural resources we have to benefit all, no modernization of agriculture, no irrigation in agriculture, no diversification of Malawi economy, lack of manufacturing exports. That is why 55 years of independence we are clapping hands for trivials like miseu, mijogo,a simple building by ma chinese. Kodi lilipo dziko lopanda miseu masiku ano? These are day to day thing that even al shabaab ruling govt can do.

Jonathan gwaza
Guest

The supreme court judges and Martha, thank you very much for this victory.

Chriss
Guest
Chriss

Ombudsman please Malawians are not happy with the way Blantyre Water Board has awarded Muli Brothers mult-million contract, Muli amagula mbewu osati zimenezi

Khima
Guest
Khima

Which Malawians? Mulli Brothers is a group of companies mpumbwa iwe.Milli is free to participate in any tendering process.

mkandawir
Guest
mkandawir

pajatu Ochakwera anatena imodzi pa K40 000

Petulo ndi mbava
Guest
Petulo ndi mbava

U r a headless chicken which can talk without basis. UlIran nayo siunati. It’s only Msowoya who would have dented our party. Fortunate enough he belongs that side.

Dr Kanyalala
Guest
Dr Kanyalala

Choka iwe ndi Msowoya wa UTM osati Chakwera ayi.

Central
Guest
Central

Wa bodza iwe ngati akutuma ubvulala…………..umakhala kuti iweyo………….. it wasn’t Chakwera but Msowoya!!

Mafana
Guest
Mafana

Congratulations Ombudsman! Bravo Supreme Court for objectively following letter of the law!

Kayekaye SKC akatenda boma ndiye chizimu! Administration of justice will strictly follow the letter of the law in the rule of law. No more sacred cows. No more impunity from the long arm of the law .

Tractor gate
Guest
Tractor gate

Pls ask for the tractors to be returned and refund all the money received besides taking the officers responsible for this theft to task.

concerned citizen
Guest
concerned citizen

Good. The ombudsman’s office is doing its job for the interest of the public, ordinary Malawians. The tax payers who will pay back that loan. The sale of the tractors and other farm machinery to politicians and civil servants was broad day light robbery of assets that belong to Malawians meant to improve the agriculture sector.

Kanyimbi
Guest
Kanyimbi

A President athu a APM aii cheteee mutu gonekere ngati ali mu barber shop nkumamva ndithu kuti kwagulitsidwa mwachinyengo ma tractor oti anthu akumudzi azilimira alekane ndi khasu kuti Malawi ifanane ndi Europe.

Central
Guest
Central

Ndimayesa ndiye anayambitsa………..! Iwe sukudziwa kuti analandila nawo ………………….. ndipo ali ku estate kwake!! Iiiiiiiiiiiiiiiii ukutsalilaaaaaaaaaaaaaaaaaaaa!! Pamenepa kuteleko fumbi lachita kuti koboooooooooooooo kuchokela mkamwaaaaaaaaaaaaaaaaaaa

cnn
Guest
cnn

Yeah! This is a good judgement. Well done the office of the ombudsman. Justice should prevail.

SIKUSINJA
Guest

A new dawn over Malawi coming !! Bravo ! Bravo !!