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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
42	Is the law governing the administration and civil service effective?	50
43	Are there regulations addressing conflicts of interest for civil servants?	46
44	Can citizens access the asset disclosure records of senior civil servants?	67

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 193

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Corrupt Practices Act, Section 25 B

Constitution of the Republic of Malawi, Section 193

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: The Office of the Ombudsman - Constitution of the Republic of Malawi, Section 120

The Judicature - Constitution of the Republic of Malawi, Section 103

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: This is not applicable.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: 1) Tambulasi R and Kayuni H "Public Sector Reforms" in Patel N and Svasand L, Government and Politics in Malawi. Kachere series, 2007, Zomba

2) Interview with Mr. V. Masina, director of Administration, Mzuzu City Assembly, Sept. 11, 2007, Zomba

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: 1) Durevall D. and Erlandssan M. Public Finance Management Reform in Malawi, SIDA Country Economic Management Report 1, Gothenburg: SIDA, 2005

2) Khembo N. The Constitution, Constitutionalism and Democracy in Malawi: The Reign of a Parliamentary Oligarchy, in Nhema A.C., The Quest for Peace in Africa, OSSREA: Addis Ababa, 2004

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: 1) Interview with Mr. V. Masina, director of Administration, Mzuzu City Assembly, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: 1) Interview with Mr. V. Masina, director of Administration, Mzuzu City Assembly, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: 1) Khembo N. The Constitution, Constitutionalism and Democracy in Malawi: The Reign of a Parliamentary Oligarchy in Nhema A, The Quest for Peace in Africa, OSSREA: Addis Ababa, 2004

2) Interview with Mr. V. Masina, director of Administration, Mzuzu City Assembly, Sept. 11, 2007, Zomba

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News Analyst, Nation newspaper, Sept. 17, 2007, Zomba

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News Analyst, Nation newspaper, Sept. 17, 2007, Zomba

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: 1) Dulani B. "The Executive" in Patel N and Svasand L, Government and Politics in Malawi, Kachere Series, 2007, Zomba

2) Interview with Mr. V. Masina, director of Administration, Mzuzu City Assembly, Sept. 11, 2007, Zomba

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News Analyst, Nation newspaper, Sept. 17, 2007, Zomba

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Corrupt Practices Act, Section 54

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: There is no such law.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: Sections 24-31 of the Corrupt Practices Act outline matters that constitute corrupt practices. They include corruptly offering, giving, accepting or receiving gratification. Gratification is defined in Section 3 of the same Act as "any payment...or gift".

References: Corrupt Practices Act 1995, Part IV, Sections 24-31as read with Section 3 of the same Act

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: 1) Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

2) Happy Kayuni, lecturer, Chancellor College, Sept. 6, 2007, Zomba

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: 1) Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

2) Happy Kayuni, lecturer, Chancellor College, Sept. 6, 2007, Zomba

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: 1) Interview with Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 37

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: 1) Interview with Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba