MEC erred in SA’s lawyers procurement-Ombudsman
Office of Ombudsman says Malawi Electoral Commission and former attorney general erred in the procurement of South Africa lawyers to represent the former in the presidential elections case.
This is according to a report the office has released today following alleged maladministration in the procurement of South African based lawyers Dumisa Ntsebeza SC and Counsel Elizabeth Makhanani Baloyi-Mere at a tune of $788,500.
Ombudsman Martha Chizuma says MEC’s failure to clearly set description of requirement was contrary to procurement procedures and the ambiguity in description created an uneven playing field.
Chizuma said surrendering of the soft copy of the Constitutional Court record by the MEC Chairperson and the former AG to the SA lawyers even before the procurement processes had begun was clearly unreasonable and a mockery to the procurement guidelines.
“The use of single sourcing the services of Mboweni Maluleke Inc. Attorneys when the grounds upon which single sourcing could be used were not met and before obtaining approval from Public Procurement and Disposal of Asset Authority (PPDA) to use single sourcing methods was illegal,” Ombudsman
She also said failure by the former AG and former MEC Chairperson to negotiate fees that were reasonable was maladministration.
The investigations also finds that MEC exerted pressure on the Internal Procurement and Disposal Committee (IPDC) was improper as it made it fail to properly deliberate on the procurement.
She said the Former AG and MEC Chair acted illegally for facilitating the travel of Mboweni Maluleke Inc. to Malawi and start executing the Retainer Agreement before a ‘No Objection’ had been received from the PPDA.
Chizuma also says failure by the PPDA to articulate with certainty method of procurement used in the matter was an abrogation of duty.
As such Chizuma recommends that MEC through the new Commission and advice from the current AG bring the matter of the retainer agreement between MEC and Mboweni Maluleke Inc. Attorneys to a logical conclusion before 30th June, 2021.
She ordered former AG and former MEC Chair to refund in equal amounts over K3 million that was expended on the SA lawyers through accommodation, beverages and meals at BICC Umodzi Park hotel for the period the lawyers were in the country by 28th April 2021.
The ombudsman has also directed Mr. M’meta to reimburse the People of Malawi through the PPDA the sum of MK 8.7 million which is the amount that according to the PPDA was expended on Mr. M’meta in terms of Airtime, sitting allowances, T&T allowances and conference and accommodation for the period that he illegally
“The Judicial Service Commission should determine the illegal appointment of Mr. M’meta as PPDA Board member and chairperson and communicated to her office and the public by 28th May, 2021,” Chizuma
She finally asked the ACB should come up with specific guidelines that the Bureau will have to follow when scrutinizing submissions for no objection with clear timelines to ensure efficiency by 30th September this year.
The investigation follows a complaint by Youth and Society YAS to Ombudsman on 14th April 2021.
