A landmark judgement delivered on 11th February, 2019 upheld the entire infamous "tractorgate" saga in favour of the Ombudsman.

The Ombudsman released her investigation findings on the complaint that her office received over the manner in which the Malawi Government sold some tractors and other farm machinery to public officers and other farmers.

In a report titled "The Present Toiling, The Future Overburdened" the Attorney General by way of Judicial review challenged the report and its findings stating that the ombudsman had no jurisdiction and also that some of the directives were unreasonable. The High Court agreed with the Attorney General and ruled that the Ombudsman had no jurisdiction over the matter. The Ombudsman appealed against the High Court decision to the Supreme Court with the assistance of renowned Lawyer Modecai Msiska, SC.

on 11th February, 2019, the Supreme Justices of appeal Twea, SC, JA, Kamanga, SC, JA, and Chikopa SC, JA ruled in favour of the Ombudsman by stating that the Ombudsman has jurisdiction over the matter and the directives made in the report were binding.

The Court gave the Malawi Government 60 days within which to comply with the directives of the Ombudsman. This is a landmark judgement in that it clarifies the Jurisdiction of the Ombudsman and also entrenches the roles of the office in as far as accountability of public resources is concerned.

The report can be accessed by following this link:here

Published by: henri Kachisi
published on: 2019-02-18 - 14:48:00