Prominent lawyer targets Ombud's role
Publish date: 03 February 2025
Issue Number: 1111
Diary: IBA Legalbrief Africa
Category: Malawi
Prominent lawyer Oscar Taulo has asked the Lilongwe High Court to cancel the recent determination by the Office of the Ombudsman regarding the recruitment process of the director-general (DG) of the Anti-Corruption Bureau (ACB). According to Malawi24, Taulo argues that Ombudsman Grace Malera exceeded her legal authority by interpreting the law concerning the advertisement that was issued for the position. He believes that her office went beyond its jurisdiction, deciding on matters that fall outside its mandate, particularly about the procedural aspects of the recruitment process. Taulo has since applied to the High Court, requesting that it grant temporary relief on the matter until the full hearing of the case, which is expected to commence next week. The Office of the Ombudsman had recently issued a determination questioning the legality of the recruitment process, raising concerns over the advertisement that was used to invite applications. However, Taulo contends that the Ombudsman does not have the mandate to interfere with such processes, as its role is primarily to investigate administrative justice and governance issues rather than the interpretation of legal advertisements. The outcome of this case could have major implications on the appointment of the ACB DG, as well as on the mandate of the Ombudsman in overseeing public recruitment processes.