BackOmbudsman Grace Tikambenji Malera delivered a determination in the matter of how government through the Ministry of Justice’s Office of the Solicitor General flouted procedures in shortlisting and interviewing two candidates for the post of Director General for the Anti-Corruption Bureau (ACB) in Malawi.
In her determination Ombudsman Malera observed that the process of shortlisting and interviewing the duo was marred by pockets of Maladministration.
The honorable Ombudsman faulted the Government for flouting a fundamental issue relating to compliance with job requirements as stipulated by law in the advertisement that was put out.
“The job requirements for the post of Director of ACB as stipulated in the job Advertisement contravened the provision of the Corrupt Practices Act (CPA), specifically section 6 (5) of the Act which makes provision for the job requirements for the post,” reads the determination in part.
Adding: “the shortlisting exercise of the two candidates was based on a defective Advertisement, whose stipulations on the job requirements contravened the provisions of section 6(5) of the CPA, and therefore, the outcome thereof is not tenable as a result of the illegality.”
Malera also cited that the two candidates do not meet the requirements of the qualifications of persons who can be appointed as Director of the ACB as provided for in section 6(5) of the CPA.
She has thus ordered the Ministry of Justice to disqualify the candidates.
“…for the avoidance of doubt, in carrying out the further processes in the Recruitment process for the Director of ACB, the Ministry should exclude the participation in the recruitment process of the two disqualified individuals, and any other candidate who does not meet the job requirements for the post, as per the provisions of section 6 (5) of the CPA.
The honorable Ombudsman has also directed that in future, the Ministry of Justice should ensure that factors of legality timelines, proactiveness, and due diligence are considered in discharging its legal function of facilitating the recruitment of the Director of the ACB.
The Position of Director General of the graft busting body fell vacant in Malawi in May 2024, and the law stipulates that it has to be filled in nit more than a period of six months.
Source: The Office of the Ombudsman of Malawi
