Ombudsman Grace Malera has lamented low compliance to determinations by the public protector coupled with funding constraints and legal hurdles undermining effectiveness of her office.
In her appearance before Parliament’s Public Accounts Committee (PAC) yesterday in Lilongwe, the Ombudsman said out of 22 determinations made during the 2025/26 financial year that ended on March 31 2026, only nine were complied with.
Malera attributed the low compliance rate to weak enforcement provisions, administrative inefficiencies and limited appreciation of the mandate of the Office of the Ombudsman among government ministries, departments and agencies (MDAs).
“Our approach is to work collaboratively with MDAs so that they understand we are not being antagonistic, but helping strengthen administrative justice and service delivery,” she said.
Established under Section 123 of the Constitution, the Office of the Ombudsman receives and investigates complaints of alleged maladministration in public institutions and issues remedial determinations. Its decisions are legally binding.
Malera said the office handled 544 cases out of 4 899 complaints received in 2025 while conducting 135 inquiries.
She said the Hospital Ombudsman Office separately received 14 971 complaints, concluding 10 029 cases.
collaboratively with MDAs. | Nation
However, Malera said operational challenges continue to weigh heavily on the institution, revealing that the office is grappling with a K300 million operational budget deficit and owes suppliers K166 million, a situation that has dented its credibility and disrupted service delivery.
She cited difficulties securing office space in Blantyre after a relocation involving the Malawi Electoral Commission, saying some property owners are reluctant to lease premises to the institution due to fears over unpaid bills.
Despite the constraints, the office has launched two major systemic investigations—one examining efficiency and service delivery at the Department of Immigration and Citizenship Services, whose findings are expected next month, and another probing governance, transparency and accountability failures in Malawi’s mining sector.
Malera said the mining inquiry, budgeted at about K280 million, was prompted by concerns over opaque investor contract awards and weak grievance redress mechanisms.
PAC vice-chairperson Joshua Malango called for reforms to strengthen the Ombudsman’s legal authority.
“If we do not strengthen the legislation governing this office, it will remain in an awkward position because it must oversee the same government it depends on for funding,” he said.
Legal minds have since said the low compliance rate reflects deeper structural weaknesses.
In an interview, University of Malawi law lecturer Benadetta Malunga observed that the Ombudsman lacks coercive powers to enforce its own determinations, while courts are not empowered to execute them on its behalf.
“Most determinations are directive in nature, meaning compliance largely depends on the willingness of the affected institution,” she said.
Private practice lawyer Benedicto Kondowe said some public institutions treat Ombudsman findings as advisory rather than binding, while weak sanctions have fuelled a culture of impunity.
Office of the President and Cabinet Principal Secretary for good governance Reinford Mwangonde said they are looking into strengthening compliance mechanisms and addressing the Ombudsman office’s financial and operational constraints.
“The Office of the Ombudsman plays an indispensable role in maintaining public sector accountability and ensuring that Malawian citizens receive fair administrative justice. Low compliance levels and financial constraints within such an oversight institution are serious concerns that directly impact the integrity of our governance frameworks.
“To address these challenges and ensure good governance prospers, a multi-pronged intervention strategy is required from the government’s side. I need to be clear that government has not yet discussed these, but there would be measures to promote democratic governance in Malawi.”
On funding, Treasury spokesperson Williams Banda said government is engaging the Office of the Ombudsman to address the financial challenges.
The Ombudsman’s office has long struggled to secure compliance with its rulings, with several public institutions resisting implementation of its directives.
Notable determinations in recent years include an order to the Ministry of Justice and Constitutional Affairs to restart the recruitment process for the Anti-Corruption Bureau director general position and disqualifying candidates Hillary Chilomba and Oscar Taulo for failing to meet legal requirements.
In 2021, the office also investigated the recruitment of the then Malawi Energy Regulatory Authority chief executive officer.
