The Office of the Director of Public Officers Declarations (ODPOD) is an independent public governance institution within Malawi Government established under Section 6 (1) of the Public Officers (Declaration of Assets Liabilities and Business Interests) Act, 2013. The Act provides legal and institutional framework for the implementation of provisions of Section 88 A and Section 213 of the Constitution of Republic of Malawi.
The Office was established in 2013 and started its operations in 2014. The objective of the Act is to promote public confidence in the public service especially among listed public officers and elected officials.
Mandate: Enforce declaration of assets, liabilities and business interests by certain public officers and connected matters
Vision: A Public service of high integrity and trusted by all
Mission:To promote public confidence in the public service by receiving, verifying and publicising public officers’ declarations and, educating the public on the declaration system.
- Integrity: Adherence to moral and ethical principles
- Accountability: Taking responsibility for actions
- Transparency: Honesty and openness in doing things
- Impartiality: Uniformity in treatment of stakeholders
- Innovation: Embracing change and continuous improvement
- Professionalism: High standards of skills and competencies
- Courtesy: Embracing a culture of respect for others
- Teamwork: Working together cohesively
Objective: “Promoting Public Confidence in the Public Service”
The Directorate is headed by the Director and assisted by the Deputy Director, both of whom are appointed by the Public Appointments Committee (PAC) of Parliament. The Director is responsible for the overall administration of the Public Officers Declaration of (Assets, Liabilities and Business Interests) Act, 2013, including enforcement, regulation and monitoring of declarations submitted by listed public officers.
The Functions of the Director include the following:
- receive declarations from listed public officers;
- verify declarations submitted by listed public officers;
- recommend to the Minister the development of rules and regulations necessary for the proper implementation of this Act;
- ensure accessibility of this Act by the general public;
- generally advise public officers concerning their obligations under this Act;
- provide technical assistance to listed public officers on the correct method of filing declarations;
- annually publicize in the Gazette:-
- the names of listed public officers who have complied with this Act:-
- the names of listed public officers who have not complied with this Act; and
- a summary of declarations filed by each listed public officer;
- provide, annually, an assessment report of compliance by public officers with the provisions of this Act to the Minister who shall lay the report before the National Assembly;
- enforce listed public officers’ compliance with this Act by referring non-compliance with this Act to relevant employment authorities with recommendations for appropriate sanctions;
- upon verification of declarations, report any evidence or reasonable suspicion of criminal activity by a listed public officer to the Director of Public Prosecutions, the Police, or the Director of the Anti-Corruption Bureau, as the case may be; and
- report any elected public officer, Minister or any other listed public officer who, in the opinion of the Director, may properly be dealt with by the Monitoring Committee, to the Monitoring Committee, if such listed public officer fails to comply with the provisions of this Act.
For the performance of his functions under this Act, the Director has the following powers:-
- institute an inquiry into alleged or suspected noncompliance with this Act;
- notwithstanding section 6 of the Taxation Act, order the production of any information, documents, or the giving of testimony, from any public officer, government agency, private company or any person, relating to the declarations filed by a listed public officer;
- require a listed public officer to amend, within thirty days, any declaration that is procedurally or substantively defective; and
- perform such other acts as are reasonably necessary or required for the exercise of his or her functions.
The Director performs his functions independent of any person or authority but is otherwise accountable to Parliament. In that regard, the Director’s powers and functions are monitored by the Monitoring