Government circular sparks row

The Department for Human Resource Management and Development (DHRMD) says it cannot withdraw a circular stipulating new guidelines for daily subsistence allowances for civil servants implementing donor-funded projects despite concerns from various ministries and departments over some provisions.

Instead, secretary for DHRMD, Sam Madula, has referred the concerns to the Office of the President and Cabinet (OPC) for the Chief Secretary to seek clarification from development partners on some of the provisions in the circular.

According to DHRMD public relations officer Rudo Kayira, the department has received concerns from the Ministry of Irrigation and Water Development, the Department of Nutrition, HIV and Aids and from the Ministry of Gender and that OPC was yet to respond.

Said Kayira: “The DHRMD cannot withdraw the circular because the dictates therein originated from the donor partners who fund these projects that is why the department has forwarded the concerns revised to the OPC so that the Chief Secretary can bring them to the attention of the development partners concerned.”

The decision to forward the concerns to the Chief Secretary follow revelations that Ministry of Irrigation and  Water Development officials were still collecting high rate hotel accommodation and sitting allowances despite a directive in the circular to implement new guidelines for daily subsistence allowances.

The ministry, which is implementing National Water Development Programme and Shire River Basin Development Programme with funding from World Bank, confirmed still using old government subsistence guidelines because the January circular from Madula, needed some clarification.

The ministry’s public relations officer James Kumwenda said the ministry received the circular on March 11 2014 but observed that it was not clear in most of its provisions.

Said Kumwenda: “Upon receiving the circular, the ministry’s management met to discuss how best to implement the directive. Upon critically going through the circular, the ministry’s management observed that the circular was not clear in most of its provisions.”

“Much as the ministry is obliged to implement the directives issued in the circular, management agreed to first seek clarity from the Department of Human Resources and Development where the circular originated from before starting implementing it”.

Kayira confirmed receiving a letter from Secretary for Irrigation and Water Development, asking for clarifications on a number of issues.

“The department did receive a letter from the Secretary of Irrigation and Water Development on the circular in question. The department feels that some of the concerns raised by the Secretary for Irrigation are valid and in need of re-consideration.

“It is not normal practice in the public service to defy circulars. The procedure is that if a ministry or indeed civil servants have any problem with any regulation, they go through the right channels to seek redress. This is exactly what the Secretary for Irrigation did by writing the Secretary for HRMD,” she said.

Kayira said the fact that a ministry or department was facing problems in following a regulation does not in any way invalidate the regulation and that other ministries that were “abiding by the dictates of the circular are doing right, because as at present the circular stands.”

Ministry of Finance spokesperson Nations Msowoya declined to comment on the issue but is on record saying Treasury was not aware that officials in the Ministry of Water and Irrigation were not adhering to the new guidelines.

Msowoya said Treasury’s expectation is that when such directives are issued through circulars, controlling officers would take full responsibility of ensuring full implementation.

World Bank communications officer Zeria Banda declined to comment on the issue, saying the project and the guidelines allegedly being flouted belonged to government and that the bank would “also want to hear from them for substantive information.”

Kumwenda maintained that the ministry’s stand remains until there is a clarification and that officials doing field work were being paid daily subsistence allowances based on their grades or positions as per government regulations.

In the circular, Madula advised all principal secretaries and heads of departments about the revision and harmonisation of daily subsistence allowance and reimbursement of transport costs for donor funded workshops, seminars and field trips in Malawi.

Some of the set guidelines are that accommodation shall be provided to participants only when returning home for the night cannot be considered reasonable, participation in the event shall be evidenced through signature of attendance sheets for each day, daily subsistence allowances for missions shall in no case exceed the limits in these guidelines and participants shall not receive sitting allowances, among others.

According to Madula’s circular, no allowances are supposed to be paid and accommodation is supposed to be paid directly by the organisers to the hotel within the limit of K35 000 per person per night or institution’s negotiated corporate rate in case of direct payments to the hotel.

It further says in case of field trips, the organisers shall cover the actual costs but when such payment is deemed not feasible, allowances for meals and accommodation might be paid at these rates: K2 300 for lunch, K3 500 for dinner and K12 800 for accommodation if the event is taking place in Blantyre, Karonga, Kasungu, Lilongwe, Mangochi, Mzuzu, Nkhata Bay, Nkhotakota, Salima and Zomba.

The new guidelines say K1 700 for lunch, K2 500 for dinner and K6 000 for accommodation would be applicable when field trips are taking place in all other areas apart from the cited towns and cities.