‘Ombudsman needs powers over private institutions’

Ombudsman Tujilane Chizumila on Thursday said her office needs wider jurisdiction to address increasing complaints of violation of the law and injustices in private institutions.

In her remarks during a media and elections workshop in Lilongwe, Chizumila said Parliament should consider passing a law expanding the mandate of the Ombudsman in the country.

“The main mandate of the office of the Ombudsman as provided in the Constitution is to inquire into, investigate and take such actions or steps concerning any alleged instance or matter of abuse of power or unfair treatment of any person by an official in any organ of government.

“All areas of government administration are subject to investigations by the Ombudsman. There are calls coming from various sectors that the Ombudsman should also handle complaints from private companies.

“Unfortunately, the Constitution doesn’t give us that mandate. We are only responsible for public institutions or government organs. But Members of Parliament can pass a law giving the Ombudsman mandate over private institutions,” said Chizumila.

She however said there would be need for the country to consider having more than one Ombudsman if the mandate of her office would be expanded.

“If the mandate would be expanded, I would not wish to be the one handling all that. In some countries you have several Ombudsmen. You can have a special Ombudsman responsible for complaints concerning private institutions while the existing Ombudsman is handling complaints concerning officials in public institutions. You can even have more than three Ombudsmen,” said Chizumila.

She said her office currently handles complaints from private institutions only when they involve a public official.

On next year’s elections, she said her office is working with the Malawi Electoral Commission (MEC) to participate in dealing with issues of administrative injustice in the election process and dispute resolution, apart from assisting in playing the advisory role and doing civic education.

“The Electoral Commission may not be able to prosecute any offender but the Office of the Ombudsman using its mandate can make sure offenders during electoral process are brought to book. Office of the Ombudsman can include that in its report to Parliament,” said Chizumila.