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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	86
54	Can citizens access the reports of the ombudsman?	83

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Chapter X Section 20

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Chapter X Section 121

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: 1) Happy Kayuni, lecturer, Deaprtment of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: 1) Happy Kayuni, lecturer, Deaprtment of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: 1) Bard A. Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi: An Appraisal" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: 1) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Richard Tambulasi, lecturer and head of Deaprtment of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

3) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments:

References: 1) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 37

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: 1) Bard Andreassen and Thor Oftedal "The Office of the Ombudsman in Malawi" NORAD Collected Reviews 5/2007

2) Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: 1) Happy Kayuni, lecturer, Political and Administrative Studies Department, University of Malawi, Sept. 11, 2007, Zomba

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre