BackOmbudsman of the Republic of Malawi, Grace Tikambenji Malera, has released an investigation report on allegations of unprocedural auction sale/disposal of motor vehicles at The Central Medical Stores Trust (CMST) and abuse of power by some members of management in relation to the auction sale/disposal of the motor vehicles.
In the report Honourable Malera has faulted the CMST for arbitrarily changing the disposal method from tendering by sealed bids to a public auction. She states that tenets of administrative justice abhor arbitrary decision making.
“The CMST has not provided evidence that the subsequent disposal method of sale by public auction was recommended to the IPDC by an adhoc evaluation committee, was duly approved by the Internal Procurement and Disposal Committee (IPDC) and was finally approved by Management, as per the applicable laws and regulations, as was the case with the initially approved method of disposal. In this regard, CMST’s actions were arbitrary, irregular, unprocedural and unlawful,” the report reads in part.
The Ombudsman has also said Management of the CMST erred by failing to constitute Board of Survey, which principally would have come up with the reserved prices for the items for CMST’s (IPDC) consideration.
According to stipulations the Board of Survey constitutes the Secretary to Treasury (ST), Public Procurement and Disposal of Public Assets (PPDA), the National Audit Office (NAO) and the Plant & Vehicle Hire and Engineering Services (PVHES). “By not complying with the said set procedure the CMST’s action in not constituting a Board of Survey made up of all the ST, PPDA, NAO and the PVHES, as per set and standard practice was unprocedural and irregular,” Honorable Malera has said in the report.
She has however exonerated the Trust on its decision to dispose of part of its obsolete fleet, saying the vehicles satisfied conditions for disposal as stipulated in the CMST’s Asset Management Policy, further to establishing that the Members of the Management of the CMST did not unduly influence the disposal process.
Speaking in an interview Ombudsman Malera said her office is cautioning the CMST for the irregularities and omissions that were committed during the process saying they constitute Maladministration.
Among other directives Honorable Malera has asked the CMST Management to immediately take appropriate remedial steps to rectify the wrongful acts and omissions that characterized the assets’ disposal processes. She has also asked the CMST to strike from its policy a provision that gives its members of staff preferential treatment during disposal of assets saying, the policy is inconsistent with the PPDA Act.
Spokesperson for the CMST Herbert Chandilanga said they will go back and comply with the directives by among other things working on the flaws as indicated in the investigation report.
Source: The Office of the Ombudsman of the Republic of Malawi
