BackOmbudsman Grace Tikambenji Malera has ordered the Malawi Police Service (MPS) to issue a written apology to its former employee for failing to give reasons for discharging him of duties.
Honorable Malera has made the directive in a determination she has issued following a complaint that was brought to the office in 2007, alleging that the MPS dismissed him from employment without notice in 1992.
“The respondent should furnish the written apology to the complainant within 30 days, from the date of release of this determination,” reads the directive in part.
Ombudsman Malera has also asked the MPS to furnish a written report to her office on compliance to the directives in the determination within 30 days.
She stresses that the respondent’s omission to inform the complainant in writing why they relieved him of his duties was an act of Maladministration thus requiring the Ombudsman to direct an appropriate remedy according to Section 126 of the Malawi Constitution.
On the complaint unprocedural relief of duties the Ombudsman’s findings indicate that the MPS did not err in relieving the complaint of his duties on the basis of prolonged illness.
She indicates in the ruling that having stayed off work for one year and six months there was a just and reasonable cause for the complainant’s discharge from duties.
Honorable Malera adds that the respondent had no legal obligation to redeploy the complainant after he was found unfit to continue with the duties he was employed for in the Malawi Police Band due to sickness.
“The complainant was not entitled to notice in respect of his discharge as he had not been enlisted yet, and was therefore on probation and in accordance to the then applicable laws the Commissioner could discharge a junior officer any time,” the determination reads.
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Source: Office of the Ombudsman, Malawi
