Ombudsman seeks Supreme Court relief on Mera order

The Office of the Ombudsman wants the Malawi Supreme Court of Appeal to lift an injunction stopping the release of findings of a probe into the recruitment of Malawi Energy Regulatory Authority (Mera) chief executive officer Henry Kachaje.

In a telephone interview yesterday, Ombudsman Grace Malera said that as per procedure, her office has filed documents seeking permission from the High Court to proceed in filing the appeal to the Supreme Court.

She said: “We processed all the documents with the court and we are expecting that this week or the next, the appeal should be formally served to the Malawi Supreme Court of Appeal.”

The previous Mera board obtained the injunction on November 10 2021 that restrained the Ombudsman’s office from releasing the investigative report that nullified Kachaje’s appointment as the regulatory body’s chief executive officer.

The High Court of Malawi sitting in Lilongwe on December 27 2021 dismissed the Ombudsman’s application to have the injunction removed. The court also threw out an application for a judicial review on the matter.

In his ruling, High Court Judge Kenyatta Nyirenda said the Ombudsman’s application lacked merit, as such, he could not grant her wish to vacate both the injunction and permission for judicial review.

But Malera yesterday said her office has decided to move and file its appeal at the higher court due to non-satisfaction from the High Court’s ruling on its earlier application.

However, she could not give the grounds for the appeal, saying it is too early for such since the Supreme Court has to be formally served first.

The Office of the Ombudsman was served the injunction 10 minutes after Malera and her team started presenting findings of the investigative report titled ‘Curbing Impunity’ at a press briefing in Lilongwe on November 10 2021.

In its application, the Office of the Ombudsman argued that the permission for judicial review granted to Mera was irregular and against dictates of the Constitution and also disputed the energy regulatory body’s assertion that the public protector lacks jurisdiction over the matter and that it is against the interests of justice.

But in its submissions to the court, Mera argued that permission to commence judicial review proceedings was properly granted in that the Ombudsman did not have jurisdiction to inquire into the legality or procedural correctness of economist Kachaje.

Besides, Mera also argued in its submissions that Ombudsman Malera was conflicted in the matter as she also applied for the position, but was not shortlisted.

The Ombudsman’s investigation into the matter was ignited by three separate complaints from Richard Chapweteka, one of the applicants for the post, who had also been interviewed, the Forum for National Development and Public Appointments Committee of Parliament.