O m b ud sm a n O v e r all P il la r S c o r e: 55. 5 3/ 1 0 0 Dimension Capacity 58.33/100
Governance
Indicator Resources
Law -
Practice 25
Independence
100
50
Transparency
75
50
Accountability
75
50
Integrity Mechanisms
50
50
Investigation
50
Promoting good practice
50
58.33/100
Role 50/100
S t r u ct ur e an d O rg a n isa t i on
The Office of the Ombudsman is a constitutional body, established by Sections 120-128 of the Constitution of Malawi. It commenced its operations in the country in 1996. According to section 123 (1) of the Constitution, the Ombudsman investigates cases where it is alleged that any person has suffered injustice, and it does not appear that there is any remedy reasonably available by way of proceeding in the court or by way of appeal from a court or where there is no other practicable remedy. However, the powers provided to the Office of the Ombudsman are not meant to oust the jurisdiction of the courts. Thus, the decisions and exercise of powers by the Ombudsman is reviewable by the High Court on the application of any person with sufficient interest in a case that the Ombudsman has determined. Though the wording of the Constitution provides the impression that the office of the Ombudsman can investigate complaints from both the private and public sector, the Ombudsman’s work in practice is limited to the public sector.
The main offices of the Ombudsman exist in the three major cities of the country- Mzuzu, Lilongwe Blantyre in the Southern Region. Their headquarters is located in Lilongwe where they also have a regional office serving the Central Region. However, the Ombudsman makes efforts to visit rural communities so as to attend to complaints or investigations. At times, depending on the matters arising, the Ombudsman may issue a determination there and then.
126
Malawi National Integrity System Analysis