The Malawi Law Society has expressed surprise that the Nocma board is not willing to comply with a determination by the Ombudsman to nullify the recruitment of Hellen Buluma as deputy CEO for the oil company.
Chrispin Ngunde, secretary for the law society has described the move as “irregular and strange”.
Earlier; Ombudsman, Grace Malera, nullified the recruitment of Buluma on grounds that her employment was irregular and unlawful.
However, Secretary to the President and Cabinet, Colleen Zamba in her capacity as board chairperson of Nocma has nullified the determination in a letter arguing; the board was not given a right of reply before the determination.
Among others the letter addressed to the Ombudsman recommends to “retain Ms. Hellen Buluma in her position … and also to pay all her terminal benefits including her gratuity.”
But commenting on the development Malera said she has responded to Zamba and advised her that the law does not make provision for the position and approach that they have taken as Nocma directors to respond to a determination that has been delivered.
“This means determination still stands. If the Secretary to the President and Cabinet has issues; there are legal options at her disposal. And it would help for her office to consult the Attorney General on the further conduct of this matter.”
Meanwhile, Ngunde has echoed Malera saying the decision of the board is invalid and should not be recognized as it is outside the legal jurisdiction.
“In terms of the law; the Office of the Ombudsman has got the powers to initiate contempt proceedings against any person or authority in connection with the non-compliance of the powers conferred by section 124 of the Constitution,” said Ngunde.
