Malawi: Office of the Ombudsman

Updated December 2009

Note: See also PATEL, N 2009 Promoting the Effectiveness of Democracy Protection Institutions in Southern Africa: The Malawi Human Rights Commission and the Office of the Ombudsman [PDF document], EISA Research report No 46.

The Office of the Ombudsman is enshrined in Articles 120-128 of the 1994 Constitution and the Ombudsman is appointed by the Public Appointments Committee of the National Assembly for a term of five years that is renewable once (Articles 122, 128). The Ombudsman shall be completely independent of the interference or direction of any other person or authority (Article 121).

The Office may investigate any and all cases where it is alleged that a person has suffered injustice and it does not appear that there is any remedy reasonably available by way of proceedings in a court or by way of appeal from a court or where there is no other practicable remedy (Article 124).

Reference

CONSTITUTION OF THE REPUBLIC OF MALAWI 1994, [www] http://www.sdnp.org.mw/constitut/brfindx.html [opens new window] (accessed 22 Feb 2010).