The High Court in Blantyre has thrown out an application for judicial review by former deputy chief executive officer (CEO) of National Oil Company of Malawi (NOCMA), Helen Buluma, who wanted to challenge the Ombudsman’s ruling that Buluma’s appointment as NOCMA deputy CEO was illegal.
The High Court in Blantyre has thrown out an application for judicial review by former deputy chief executive officer (CEO) of National Oil Company of Malawi (NOCMA), Helen Buluma, who wanted to challenge the Ombudsman’s ruling that Buluma’s appointment as NOCMA deputy CEO was illegal.
Judge Mike Tembo made the ruling at the High Court in Blantyre yesterday.
Buluma applied for judicial review following the decision of the Ombudsman Grace Malera in September last year declaring Buluma’s appointment as null and void because she was handpicked for the job by former president Peter Mutharika.
Malera ruled that the appointment should be treated as if it never happened and Buluma should not be paid emoluments, terminal benefits or other payments accrued to her during the time she rendered services as NOCMA deputy boss.
In his ruling yesterday, Tembo said Buluma in her application did not provide any legal basis for assailing the “well taken” legal position of the Ombudsman which he argued is backed by the Constitution, the Ombudsman Act and a previous Supreme Court of Appeal ruling.
According to Tembo, the Supreme Court in 2017 ruled that there are no rulings or decisions that are beyond the reach of the Ombudsman “that include the employment decision at NOCMA herein, so long as there are elements of maladministration amenable to investigation by [the Ombudsman],” said Tembo.
He added that Buluma’s application is not fit for consideration at a full hearing on judicial review as there are no serious issues for further investigation.
“The application for permission to apply for judicial review is accordingly declined,” said Tembo.
Ombudsman Grace Malera has since told the local media that the ruling means ”justice taking its course”.
Buluma was appointed NOCMA deputy CEO by former President Peter Mutharika.
In 2020, months after the election of Lazarus Chakwera as president, she became acting CEO of NOCMA. When her contract as deputy NOCMA CEO expired in August last year, the Chakwera administration gave her a four month contract as acting CEO.
However, Buluma resigned in November last year, accusing Secretary to the President and Cabinet and some officials in the Chakwera administration of interfering in awarding of fuel supply contracts. She repeated the allegations against Zamba when she appeared before a parliamentary committee, saying Zamba used the fuel crisis last year to pressurize NOCMA to recruit fuel suppliers without following necessary processes.
Zamba did not appear before the committee to respond to the allegations.
