Some artists and concerned individuals have petitioned the Office of the Ombudsman over allocation of grants by the Copyright Fund Committee.
The bloc has solicited over 1 500 signatures for the petition, which cites governance violations by the Copyright Society of Malawi (Cosoma) board in the allocation of the copyright funds.
The petition follows inclusion of Cosoma Board chairperson Bishop Chimwemwe Mhango, members Wendy Harawa and Deborah Ntopa on the list of beneficiaries.
Led by Faith Mussa and Timothy Ntilosanje, the bloc is opposing the move, citing possible conflict of interest.
In the petition, the artists say their complaint is in line with Section 7(1) of the Ombudsman Act (Chapter 3:07) regarding alleged abuse of power, conflict of interest and unfair treatment in the administration of the Copyright Fund by Cosoma.
The petition has implored the Ombudsman’s office to investigate the process and decision-making by Cosoma board and Copyright Fund Committee in awarding grants to its own members and their companies,
and has further asked for an immediate return of allocated funds to the board members.
Reads the petition in part: “These actions amount to abuse of power by awarding grants to decision-makers themselves, unfair treatment of eligible applicants who were excluded without due process or communication, unreasonable, unjust, and inequitable decision-making under Section 5(2)(a) & (b).
“Conduct inconsistent with the principles of fairness, transparency and accountability required in an open and democratic society.”
The petitioners say the absence of explicit prohibition in law does not remove the duty to avoid conflict of interest and ensure equitable distribution of public-interest funds.
In an interview yesterday, Mussa, who is also a law student, said the petition is calling for safeguards to ensure there are no loopholes and abuse.
The artist said their concern is that Cosoma board is closely aligned with the Fund Committee, which creates a perception that the playing field is not even for the rest of the artists.
“These grants are supposed to be open and accessible to all artists without bias. From a fiduciary responsibility standpoint, any servant leader would recognise the importance of maintaining fairness, transparency and trust in the process,” he said.
On his part, Ntilosanje said there is a hanging legal question that they want addressed. He said Cosoma being a public office, they are hopeful that the Ombudsman will investigate the matter.
In our earlier story on the matter, Copyright Fund chairperson Robert Kapyepye said they made the decision after seeking a legal opinion and that there was no legal infringement since the law is silent on the issue.
Ombudsman Grace Malera said she was yet to see the petition and asked for more time when we contacted her yesterday.
