ACB probes Mera new contracts fiasco

The Anti-Corruption Bureau (ACB) has flexed its muscles on the Malawi Energy Regulatory Authority (Mera) and is investigating the institution over alleged irregularities in the manner it recruited three directors.

ACB senior public relations officer Egrita Ndala confirmed that the bureau is investigating the matter, describing the Mera recruitment process as irregular.

She said in an e-mailed response: “The Anti-Corruption Bureau is still investigating issues of irregularities on contracts at the Malawi Energy Regulatory Authority [Mera]. The investigation is progressing well and is at an advanced stage. The bureau has not made any recommendation on the contracts as the investigation is not yet concluded.”

Late last year, The Nation investigations revealed machinations that led to Mera circumventing procedures and changing qualifications for the three positions to suit an incumbent with lower credentials than the job required.

The machinations included Mera board’s decision to re-advertise for positions of director of economic regulation, director of finance and administration and director of technical regulation.

Soft qualifications

In the re-advertisement, the board softened qualifications originally set as bachelor’s degree and master’s degree to only bachelors degree, with post-graduate degree being reduced to a mere added advantage.

The first advertisement appeared in the Daily Times of Wednesday, January 25 2012, giving bachelor’s degree and master’s degree as a compulsory qualification level.

Our research then revealed that the earlier advertisement did not suit one of the directors, Welton Saiwa, the incumbent on the position of director of technical regulation such that he could not have been considered for interviews to get a new lease of life at Mera.

At the time, Saiwa had a bachelor’s degree in electrical engineering while his counterparts held both first and second degrees. In an interview with The Nation he refused to discuss his qualifications and referred the reporter to the Department of Statutory Corporations.

During an impromptu board meeting to vet interview results, The Nation learnt, Mera board chairperson Lyton Zinyemba ordered that no minutes be taken. Asked to justify his decision, Zinyemba asked for a questionnaire which he never responded to.

The Nation

also has it on good authority that the ACB quizzed Mera chief executive officer Allexon Chiwaya right at Mera offices on May 29 2013.

The ACB also summoned Henry Lipita, senior human resource and administration officer, to report to ACB Lilongwe offices on May 27 2013.

After the Mera board machination had worked and the three had been re-confirmed, it was Lipita who communicated the new appointments to the Mera staff through an e-mail on September 18 2012 at 9:22 am.

Reads Lipita’s communication: “I write to inform you that following the expiration of contracts for directors’ positions and the subsequent recruitment process for the same, the new office bearers are as below: Mrs. Eunice Potani—director (economic regulation); Mr. Elias E.D. Hausi—director (finance and administration); Mr. Welton Saiwa—director (technical regulation).”

ACB investigations

Others interviewed by ACB on the issue included Troy Mtenje, a human resource and administration officer who was told to report to ACB on May 24 2013 whereas Priscilla Mkandawire, personal assistant to the chief executive officer, was told to report on May 27 2013.

The ACB also summoned Mac Ian Yona, a senior internal auditor, who was told to appear before investigators on May 28 2013. A Mr. B. Mwambakulu, Mera board vice-chairperson who also chairs the institution’s appointments and disciplinary committee, was told to report on May 29 2013.

The ACB also summoned Joseph Kachigamba, a driver, who was called to distribute offer letters at night after the board had made its decision to re-engage the directors.

They also went to the Department of Statutory Corporation—which falls under the Office of the President and Cabinet (OPC)—whose representatives were present during the interviews and were also entrusted to shortlist candidates from a list of names compiled by Mera.

In an earlier interview, Dumisani Banda, who heads the human resource function at Statutory Corporations, said their role, “first of all was to help with the short-listing from a list summarised by Mera.”

According to ACB policy, not all who appear before its investigators are accused persons, but they help in the investigation process.

Mera proceeded to hire the three directors even after then minister of Energy Cassim Chilumpha froze the recruitment process in mid-2012 after hearing that Mera lowered advertised qualifications for the job to accommodate an incumbent director.

The positions for the three directors fell vacant in February when their contracts expired and had to be put on a month-to-month arrangement until they were re-engaged following interviews a fortnight ago.