Ombudsman orders govt to compensate accident victim
The Ombudsman has given government, through the Office of the Attorney General (AG) and Legal Aid Bureau, 180 days to compensate an accident victim, 15 years after he lost both legs.
According to an inquiry by the Ombudsman, the complainant, Felix Mwambisi, claimed that the bureau never assisted him in getting legal assistance.
According to Mwambisi, his nephew was hit by a Malawi Defence Force vehicle, resulting in amputation of both legs. He said he went to the bureau the same year to seek legal assistance in form of damages for personal injuries.
In his evidence submitted before the inquiry, Mwambisi claimed that his file went missing after making numerous follow-ups.
He was further prompted to re-submit police and medical reports so that the case comes to a logical conclusion.
“This trend continued from 2002 to 2013 when he was told that the respondents, Legal Aid, could not do anything on the matter as it had become statute barred,” reads in part the inquiry.
According to the inquiry, Section 123 of the Constitution and Section 5 of the Ombudsman Act state that for maladministration to be proved, the complaint against a public authority has to allege either of the following instances; injustice, abuse of power, unfair treatment, manifest injustice or conduct qualifying as oppressive or unfair in an open democratic society.
In her determination dated September 25 2017, Ombudsman Martha Chizuma Mwangonde gave Legal Aid Bureau 30 days to submit for payment the estimated quantum of damages to the AG that the complainant could have received if they had pursued the claim, and that estimation should be done within 21 days.
