OMBUDSMAN

CHAPTER 3:07
OMBUDSMAN

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
APPOINTMENT OF OMBUDSMAN AND STAFF

    3.    Terms and conditions of the appointment of the Ombudsman

    4.    Staff of the Ombudsman

PART III
DUTIES AND FUNCTIONS OF THE OMBUDSMAN

    5.    Duties and functions of the Ombudsman

    6.    Powers of the Ombudsman

    7.    Laying of complaints, etc.

    8.    Remedies

PART IV
MISCELLANEOUS

    9.    Reports of the Ombudsman

    10.    Preservation of secrecy

    11.    Limitation of liability

    12.    Expenditure in connexion with the functions of the Ombudsman

    12A.    Protection of whistle-blowers and other informers

    12B.    Evidence and procedure

    13.    Offences and penalties

    14.    Rules

17 of 1996
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    An Act to define and prescribe the powers, duties and functions of the Ombudsman, and to provide for matters incidental thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Ombudsman Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

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    “controlling officer” means a person who is the head or principal officer in-charge of an organ of Government;

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    “Legal Affairs Committee” means the Legal Affairs Committee established under section 56 (7) of the Constitution;

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    “maladministration” means any action taken, or omitted to be taken, or any decision made, or omitted to be made, by an organ of Government in the performance of an administrative function, which is unfair, unreasonable, illegal or not compliant with the rules of natural justice;

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    “organ of Government” includes—

        (i)    any of the three branches of Government, a local authority and a body or a committee established or instituted by, or under, any written law; and

        (ii)    a state-owned enterprise;

    “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution;

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    “state-owned enterprise” means a corporation, body or institution where the Government, directly or indirectly, holds more than fifty per cent of the issued share capital or has controlling interest or power.

PART II
APPOINTMENT OF OMBUDSMAN AND STAFF

3.    Terms and conditions of appointment of the Ombudsman

    The appointment of the Ombudsman under section 122 of the Constitution shall be on terms and conditions to be determined by the Public Appointments Committee.

4.    Staff of the Ombudsman

    The Ombudsman shall in the performance of his functions under this Act be assisted by staff appointed by him for that purpose on terms and conditions to be determined by agreement with such staff.

PART III
DUTIES AND FUNCTIONS OF THE OMBUDSMAN

5.    Duties and functions of the Ombudsman

    (1) Without derogation from section 123 of the Constitution, the Ombudsman may—

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    (a)    where it appears to the Ombudsman that there is no remedy reasonably available by way of court proceedings or by way of appeal from a court decision or where there is no other practicable remedy, on a complaint lodged, inquire into and investigate—

        (i)    any case where it is alleged that a person has suffered injustice as a result of abuse of power, unfair treatment, oppressive or unfair conduct by an organ of Government;

        (ii)    any allegation of maladministration, including delay, discourtesy, incompetence, misbehaviour, inefficiency, manifest injustice, lack of responsiveness, abuse of power, unfair treatment, ineptitude or any other conduct by an official in any organ of Government which would be regarded as unreasonable oppressive or unfair in an open and democratic society; and

        (iii)    any conduct in State affairs, or any act or omission in public administration by any organ of Government or public officer which is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice;

    (b)    on his own initiative, in the public interest, inquire into and investigate any matter specified under paragraph (a);

    (c)    facilitate the setting up of, and build complaint handling capacity in organs of Government;

    (d)    work with organs of Government to promote alternative dispute resolution methods in the resolution of complaints relating to public administration;

    (e)    provide advisory opinions or proposals on the improvement of public administration, including, legal reforms, codes of conduct, processes and procedures;

    (f)    publish periodic reports on the status of administrative justice in Malawi;

    (g)    promote administrative justice through public awareness;

    (h)    take appropriate steps in conjunction with other organs of Government to promote and protect fundamental human rights and freedoms in public administration;

    (i)    work with the Human Rights Commission and other public institutions to promote efficiency, effectiveness and complementarity, and to establish mechanisms for referrals and collaboration; and

    (j)    perform such other functions as may be prescribed by any other written…