Court nullifies Ombudsman’s decision on MACRA employment dispute
Godfrey Itaye
The High Court has ruled in favor of former Malawi Communications Regulatory Authority (MACRA) Director General Godfrey Itaye and 15 others, nullifying the Ombudsman’s decision invalidating their employment.
The ruling, delivered by Mandala Mambulasa, found that the Ombudsman overstepped its jurisdiction by acting on an anonymous complaint.
The case dates back to 2020 and stemmed from allegations of nepotism, cronyism, and abuse of office in MACRA’s hiring processes.
Following an investigation, the Ombudsman issued a report titled “Secure in Deception”, declaring the recruitment of several employees, including Itaye, illegal and directing MACRA to terminate their contracts without terminal benefits.
However, the court determined that the Ombudsman lacked the authority to investigate anonymous complaints and issue binding directives without proving that an individual had suffered injustice.
Mambulasa emphasized that only a person directly affected by maladministration could complain with the Ombudsman, making the entire investigation legally flawed.
“The Ombudsman did not demonstrate or satisfy herself that a person had suffered injustice before assuming jurisdiction to investigate the complaint,” ruled Justice Mambulasa, declaring all findings and directives in the Ombudsman’s report null and void.
Neither the Office of the Ombudsman nor MACRA has commented on whether they will appeal the ruling.
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