Fire Buluma—Ombudsman directs Nocma

Ombudsman Grace Malera yesterday directed the National Oil Company of Malawi (Nocma) board to immediately nullify the contract of its deputy chief executive officer Helen Buluma following findings that her recruitment was unlawful, irregular and unprocedural.

She has also ordered the board to forfeit payment of any terminal benefits, including gratuity, arguing that Buluma’s position did not exist in the establishment of Nocma at the time of her appointment.

Malera has also directed the board to review within 90 days whether or not the position of deputy CEO should be created or maintained on the organogram of the company.

Presenting a determination in Lilongwe yesterday in a matter of allegations of Buluma’s unprocedural and irregular recruitment and abuse of office Malera gave the board 30 days to furnish her office with a report on implementation of the directives.

Findings of the investigations by the Ombudsman show that Buluma was recruited in 2019 following then president Peter Mutharika’s directive, which flouted Section 4 of the Public Service Act, as the appointment was not through an open and competitive process.

Buluma began work as deputy CEO on August 26 2019 but her contract was signed on March 27 2020.

The evidence gathered showed that former SPC Lloyd Muhara recommended Buluma for the position to Mutharika highlighting that her credentials made her qualify for the job.

Reads the report in part: “Clearly, the memo which the former Chief Secretary raised to the president on 30th July, 2019, solely recommended Buluma, and this is what president Mutharika approved and directed for Buluma to be appointed. As such the process for the recruitment of Buluma was therefore, for all intents and purposes, not open, let alone competitive. Whether Buluma had the correct credentials on the basis of her CV is immaterial.”

Malera also pointed out that the probe also established that the first Nocma CEO was recruited through an open and competitive interview process which the Nocma board duly carried out.

The findings also established that there was no evidence on Nocma’s organogram that the position of deputy CEO exists.

Said Malera: “The 2017 Conditions of Service show the position as Noc1A entailing it was on a personal-to-holder basis for the incumbent at that material time. The 2020 version is the one showing the position of deputy CEO as Noc2, entailing it was at that point introduced on the approved establishment.”

In an interview, legal expert Justice Dzonzi said if implemented, the determination by the Ombudsman will not affect the decisions that she has made during her tenure of office as general application laws allow for the legality of such.

Dzonzi, who is also executive director of Justice Link, however pointed out that Buluma may no longer be cooperative and may turn into a hostile witness in a fuel procurement deal case where she is a State principal witness, because as he put it, she is now less worthy.

Commenting on whether or not there is a conflict of interest and duty on the part of the Secretary to President and Cabinet (SPC) in concurrently holding the dual roles of SPC and chairmanship of Nocma and Egenco, Malera said the arrangement is anomalous where good administrative practice and corporate governance is concerned, adding that there is need for graduation of the entities to institutions with own directors.

Nocma has been without a CEO for over two years following the suspension of Gift Dulla whose contract was later not renewed