Government is tight-lipped on the future of National Oil Company of Malawi (Nocma) deputy chief executive officer Helen Buluma after the Office of the Ombudsman nullified her recruitment on Friday.

The Office of the Ombudsman nullified Buluma’s appointment following an investigation which established that it was unlawful, irregular and unprocedural.

Kazako: The board
will take action

Ombudsman Grace Malera gave the Nocma board 30 days to make an administrative decision.

Minister of Information and Digitisation Gospel Kazako, who is also the official government spokesperson, said he was not in a position to speak on the matter, referring the issue to the Nocma board.

He said: “Speak to the chairperson of the board. That is the responsibility of the Nocma board to interpret the Ombudsman’s position and take action.

“It is the board that has the authority to do that not the Executive arm [of the] government.”

Secretary to the President and Cabinet (SPC) Collen Zamba, who chairs Nocma board and Comptroller for Statutory Corporation Peter Simbani, who sits on the board, did not respond to our questionnaire on what will happen next at Nocma in terms of leadership.

But Office of Ombudsman spokesperson Arthur Semba on Monday  said their directive means that Buluma is essentially dismissed.

He said: “The directive by the Ombudsman is not dependent on the board at all. The position of deputy chief executive officer is void abinitio and, therefore, a nullity as it never existed.

“The Nocma board’s responsibility as per t h e d i r e c t i o n i s t o i m m e d i a t e l y t a k e administrative steps to that end, and report back to the Ombudsman within 30 days that the required steps have been undertaken.”

Private practice lawyer Justin Dzonzi agreed with the Ombudsman’s interpretation of the law that from the day the Ombudsman made the directive, Buluma ceased to be the deputy chief executive officer.

He said: “The directive from the Ombudsman does not depend on the board. It stands on its own and what it means is that the office holder was dismissed right away. It is a nullity and immediately after that pronouncement, she cannot perform any function in that regard.”

However, Dzonzi said if the board or Buluma herself is aggrieved, they can seek judicial review.

Governance commentator Charles Kajoloweka on Monday said Zamba needed to take proactive measures to deal with similar cases where other people may have been recruited without following procedures.

Buluma was heading Nocma after government suspended its chief executive officer Gift Dulla in 2020 and his contract was eventually not renewed upon expiry.

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