Ombudsman rips open serious deficiencies of AIP; Directs Government to commission its forensic audit

* Also been ordered is a comprehensive programme effectiveness, efficiency and cost-benefit evaluation of the FISP and the AIP

* The findings of which should inform evidence-based policy and programmatic reforms of the AIP

* In the short and medium term with an exit strategy or a remodeling strategy in the long term

By Duncan Mlanjira

In her comprehensive findings of the Systemic Investigations on the Affordable Input Programme (AIP), Ombudsman Grace Malera has ripped open its serious deficiencies and has since directed the Government to commission its forensic audit to be carried out within the next two financial years.

This follows her office’s conclusion of AIP’s Systemic Investigations that was carried for the 2022/2023 and 2023/2024 growing seasons and the directive to the Ministry of Finance and National Audit Office, has been made after considering incidences of fraud, financial mismanagement, unethical conduct and other malpractices that have continued to characterize the implementation of the AIP. 

This has been done in line with Section 126 of the Constitution that provides that: ‘Where the investigations of the Ombudsman reveal sufficient evidence to satisfy him or her that an injustice has been done, the Ombudsman shall:

a. direct that appropriate administrative action be taken to redress the grievance;

b. cause the appropriate authority to ensure that there are, in future, reasonably practicable remedies to redress a grievance; and

c. refer a case to the Director of Public Prosecutions (DPP) with a recommendation for prosecution.

And, in the event of a refusal by the DPP to proceed with the case, the Ombudsman shall have the power to require reasons for the refusal.

Section 8 (b) of the Ombudsman Act provides that the Ombudsman shall after holding an inquiry or investigation in accordance with the Act, take appropriate action or steps to call for or require the remedying or reversal of matters or instances specified in section 5 through such means as are fair, proper and effective.

Thus given that the scope of her Systemic Investigations was limited to the lens of maladministration, the Government through the Ministry of Agriculture has also been ordered to carry out a comprehensive programme effectiveness, efficiency and cost-benefit evaluation (research), of the FISP and the AIP — “the findings of which should inform evidence-based policy and programmatic reforms of the AIP in the short and medium term with an exit strategy or a remodeling strategy in the long term”. 

“This evaluation/research should be conducted and concluded in the next growing season of 2024/2025.”

The report further directs the Ministry of Agriculture to formulate “a well-thought-out strategy on mitigation measures for the vulnerable population and promotion of sustainable economic growth in its implementation of the AIP-related reforms and in the transitioning to other programmes within the agricultural sector”.

“The strategy should also be in place and operationalized by the next growing season of 2024/2025.

“Considering the potential threat and actual incidences of politicization of the AIP, the Government, through the Ministry of Agriculture should put in place a strategy for depoliticization of the AIP — to  be in place and operationalized by the next growing season of 2024/2025.”

And through the National Planning Commission and relevant line Ministries and Agencies, the government is also ordered to scale the implementation of reforms in the agricultural sector underpinned by the need to ensure that Malawi pursues a holistic and sustainable agricultural productivity and growth agenda.

The Office of the President & Cabinet and relevant Ministries, Departments and Agencies are directed to ensure policy and programmes alignment in the agricultural sector as well as in critical areas that are cross-cutting to the agricultural sector.

While the Ministry of Finance, through the Department of Economic Planning & Development to facilitate the harmonization process of all beneficiary data sets into the UBR and ensure that the UBR is fully functional.

“Given that in Malawi, the crop growing season usually starts from November at the beginning of the rainy season, future AIP should ensure that distribution of farm inputs should commence before the start of the rainy season (November) so that the farmers are well prepared.”

To be successfully achieved by the Ministry of Agriculture, “it is imperative that the Ministry of Finance and Reserve Bank timely fund and secure necessary forex for the Ministry respectively. To this end, the Ministry of Finance and Reserve Bank of Malawi should prioritize and consider ring-fencing AIP budget.”

In liaison with SFFRFM, government should also ensure that from the next growing season the number of designated selling points for farm inputs is commensurate with targeted household and beneficiaries per EPA or Constituency (as appropriate).

The Ministry of Agriculture should exercise due diligence in the selection of farm inputs suppliers to ensure that such suppliers have the capacity to consistently, effectively, efficiently and adequately supply the farm inputs.

The Ministry of Agriculture in collaboration with Ministry of Local Government, Unity & Culture should follow up on all chiefs implicated in corrupt practices and malpractices and apply attendant disciplinary sanctions as and when appropriate.

Should the mobile market approach continue in the next growing seasons, the SFFRFM should have specific sales clerks designated in such markets rather than using the ones who are also manning other designated selling points.

The Ministry should improve the grievance redress mechanism to ensure that the beneficiaries have access to well-known and effective platform for lodging complaints which includes possible timeframe for redress, available remedy and feedback. This should be in place from the next growing season.

The Ministry should ensure that the grievance redress mechanisms deliberately integrates gender responsive approaches especially where the issues of sexual abuse and exploitation are concerned.

Also in liaison with the SFFRFM, the Ministry of Agriculture is directed to integrate anti-sexual harassment policies in AIP in order to protect both the beneficiaries and the workers.

“This should have clear guidelines on how to report such incidences and the remedies available. This is good practice for every programme or Project. The Ministry should ensure that the policy is in place within the next growing season.

“The Government of Malawi is called upon to seriously embark on rethinking and reprogramming of the FISP through an all-inclusive stakeholder dialogue process based on evidence rather than political interest.

“The Offices tasked with the implementation of the Directives in this Report should continuously provide written updates to the Ombudsman on the progress of execution of such directives within the stipulated timelines.

“Any party with sufficient interest dissatisfied with this Report and the Directives herein has a right to apply to the High Court for teview of this determination pursuant to section 123 (2) of the Constitution of the Republic of Malawi within 3 months from the date of this determination” made on March 8, March, 2024.