Malawi Institute of Architects’ raises red flags that newly-appointed Director of Buildings “does not meet requisite qualifications for this critical role”

* The Ministry of Transport & Public Works has broken the professional relationship between the Institute and the Board of Architects & Quantity Surveyors

* By appointing a person who is neither a registered architect nor a registered quantity surveyor

* This connection is essential for maintaining the integrity and standards of the buildings subsector and the construction industry at large

By Duncan Mlanjira

Malawi Institute of Architects has established that newly-appointed Director of Buildings for the Ministry of Transport & Public Works, whose name has not been provided, “does not meet the requisite qualifications for this critical role”.

This is contained in a petition to the Ministry, copied to the Secretary to President & Cabinet; the Board of Architects & Quantity Surveyors; National Construction Industry Council; Surveyors Institute of Malawi; the Attorney General, the Ministry of Justice; Malawi Law Society and the Office of the Ombudsman.

“On behalf of all members of our Institute, we are writing to express our serious concerns regarding this appointment,” says the petition signed by the Institute’s president, Khumbo Chirwa and secretary, Steve Musopole.

“Given the professional expertise and statutory responsibilities required, the position of Director of Buildings is held by a registered architect or a registered quantity surveyor.

“The Director of Buildings holds a dual role: overseeing the administration of building contracts and serving as the secretary/registrar to the Board of Architects & Quantity Surveyors.

“These responsibilities demand technical competence and strict adherence to professional and statutory standards. By appointing a person who is neither a registered architect nor a registered quantity surveyor, the Ministry has broken the professional relationship between this office and the Board.

“This connection is essential for maintaining the integrity and standards of the buildings subsector and the construction industry at large.”

Furthermore, the Institute of Architects maintains that “involving an unqualified individual in the administration of building contracts is not only detrimental to the integrity of the process but also contravene the Architects and Quantity Surveyors Act — specifically, Chapter 5302 Section 35 and Chapter 5302 Section 40 that criminalises the practice of architecture or quantity surveying by unregistered individuals”.

“Additionally, the appointment raises concerns about potential violations of Chapter 5302 Section 37, which places obligations on appointing authorities to ensure compliance with statutory requirements.

“If this information that we have is true, we strongly urge the Ministry to reconsider this appointment and to take corrective action by ensuring that this critical position is filled by a qualified and registered professional.

“Doing so will uphold the credibility of the Department of Buildings, protect the integrity of the buildings subsector, and ensure compliance with applicable laws and regulations.

“The Malawi Institute of Architects remains committed to supporting the Ministry in upholding professional standards in the built environment.

“We are available for further discussions or assistance in addressing this matter,” says the Institute’s management.

On May 29, just days before his tragic death from the plane crash in Chikangawa, Vice-President late Saulos Klaus Chilima presided over the official opening of the Institute of Architect 41st annual general meeting, which he described as timely in addressing challenges faced by the architectural fraternity in the country.

Held under the theme; ‘The Architect: Re-imagning Malawi’s Future’, Chilima emphasised on the need for architectural practices that plays key role in the navigation of complexities faced in the industry.

He then urged the architect community to embrace collaboration for the success and betterment of Malawi in line with MW2063 national vision, saying: “As architects, you are the masters of building the foundation of our country’s future.”

He further advised the architect community to reflect on the words of President Chakwera in 2021 at the time he accepted to be the Institute’s patron and in his remarks, the Institute’s president Khumbo Chirwa appealed for governments collaboration in various construction projects for Malawi to attain the standardized infrastructure by 2063.

He also requested government to create a platform for Institute to showcase skills for the realisation of urbanisation aspirations.

Also present at the conference was the Attorney General (AG), Thabo Chakaka Nyirenda who made a presentation that tipped architects on laws guiding their profession in which he discussed the interplay between the law and architects.

The AG narrowed his presentation, entitled ‘The law and the architect’, to diligence in the presentation of bids, accepting a bid, negotiating contracts and contract management in relation to public procurement.

Nyirenda discussed with the architects the processes leading to the formation of a procurement contract, the anatomy of a design contract, and the effects of badly negotiated clauses with regard to the efficiency of dispute resolution.

“Efficiency in the negotiation, drafting and management of design contracts is the surest way to avoid disputes and delays in completing projects. The views in this paper are mine as the author, and not of the Malawi Government,” he said.

The AG further said most bidding documents require disclosure of litigation against the bidder, its legal owners and beneficial owners.

He cited Regulation 111 of the Public Procurement Regulations provides that: ‘A procuring and disposing entity shall disqualify a bidder if it finds at any time that the information submitted concerning the qualifications of the bidder was false materially inaccurate or materially incomplete’.

The AG added that architects, when considering to negotiate a contract, need to read thoroughly the law or consult lawyers before they sign any contract, warning that the consequences of failure to read the contract are costly.

Nyirenda thus advised that it is helpful to engage specialist and experienced arbitration practitioners, especially in large and complex arbitration disputes because courts tend to respect arbitration clauses.

For example, he said, in Access Communications Ltd v. Fags Investments Ltd (High Court of Malawi, Commercial Case No. 142 of 2012, the High Court of Malawi determined that litigation commenced in violation of an arbitration clause should be stayed, even though the applicant disputed the legality of the underlying contract.

“There is good commercial sense in avoiding disputes where possible as they can be expensive, time-consuming and a drain on resources. Disputes also place stress and tension on business and working relationships as cases may take years to reach a resolution,” the AG advised.

He implored architects to engage professionals when negotiating contracts and managing contracts because failure to conduct due diligence and engage professionals (legal experts) may expose a design professional to huge liability.