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Malawi Parliament passes Ombudsman Bill
On 7 December 2023, the Malawi Parliament passed the Ombudsman (Amendment) Bill 2023 after close to one and half hours of scrutiny. This bill seeks to amend the Ombudsman Act (Cap. 3:07) in order to clarify and strengthen the legal framework of the jurisdiction and mandate of the Ombudsman.
Justice Minister Titus Mvalo who brought the bill to the House said the bill proposes to clarify the type of organs of Government over which the Ombudsman has jurisdiction, and enumerate the nature of inquiries and investigations which the Ombudsman may undertake in relation to organs of the government.
Mvalo added that the bill proposes to clarify the functions and powers of the Ombudsman by among others, aligning the functions of powers of the Ombudsman with the broad jurisdiction and mandate conferred by Section 123 of the Constitution; and enhancing the powers and functions of the Ombudsman generally to ensure the effective discharge of its mandate conferred under section 123 of the Constitution.
The Justice Minister added that the bill seeks to empower the Ombudsman to conduct inquiries and investigations on his or her own initiative or motion, which are in the public’s interest. He added that the bill seeks to clarify the type of remedies the Ombudsman can recommend against an offending person or body in addition to providing protection of whistle-blowers and other informers.
Reacting to the development Ombudsman Grace Malera who attended the deliberations in person said it is a milestone for her Office.
“With these Amendments, there is now a strengthened legal framework for the operations of the Ombudsman. The amendments have introduced progressive provisions on the jurisdiction of the Ombudsman, enforcement of the determinations of the Ombudsman and whistle blower provisions among others,” Malera said.
She added that Parliament passing the amendments is a vote of confidence for the Office of the Ombudsman. The Office of the Ombudsman commenced processes to amend the Ombudsman Act in 2014, and the (Amendment) Bill was gazzetted on 13 October 2023.
Source: The Office of the Ombudsman of the Republic of Malawi
