Free Auditor General—Speaker
Speaker of the National Assembly Richard Msowoya has appealed for the independence of the office of the Auditor General through removal of some inconsistencies within the legal framework it operates.
Msowoya was speaking in Lilongwe on Monday on the first day of the National Audit Office (NAO) International Symposium which has brought together stakeholders from the Executive, Legislature and Judiciary.
There are also guest speakers from South Africa and Tanzania to share knowledge on the benefits of an independent supreme audit institution in a country such as Malawi.
The Speaker said the legal inconsistencies, and financial, operational and administrative challenges that NAO and the Auditor General (AG) were experiencing despite various reforms ongoing should come to an end.
One of the legal inconsistencies which Msowoya pointed out was Section 184 (2) of the Constitution which demands that the AG should submit annual reports through the Minister of Finance while the Public Audit Act states that he or she should submit them directly to the Speaker of the National Assembly.
Msowoya also pointed out discrepancies pertaining to the appointment and removal of the AG because currently Parliament does not have powers to scrutinise why he or she has been removed.
“Although Parliament is mandated to confirm the appointment of the Auditor General, it is only the President who has the powers to remove him or her from the office. The National Assembly does not have the powers to scrutinise the validity of the reasons for his or her removal from office,” he observed.
He said change should take place at NAO for it to provide quality and timely services to Malawians, but also help the government to spend economically.
A representative of the Chief Secretary to the Government, Rex Chiluzi, said the government was willing to ensure that the AG works independently without interference.
He said: “Currently, we are working towards ironing out inconsistencies in the legal framework so that the AG reports directly to the Speaker.”
Ministry of Justice and Constitutional Affairs is today expected to make a presentation on the amendments of the Constitution and Public Audit Act as one way of instilling independence in the office of the AG.
AG Stephenson Kamphasa explained that the symposium has been organised with funding from the German government through GiZ to get views from various stakeholders on how they can contribute towards NAO becoming a more independent supreme audit institution.
He bemoaned that NAO is unable to provide clear timelines of its audits of government due to financial constraints, but also lack of cooperation from government institutions being audited.
The AG derives his mandate from the Public Audit Act of 2003, Public Finance Management Act, the Constitution as well as Public Procurement Act to audit accounts of ministries, parastatals and even boards and commissions.
