MALAWI

INTRODUCTION
Access to information is a critical element of every
functioning democracy. It is widely recognised that access to
information safeguards the public against abuse by officials
and permits the public to play a role in shaping the policies
of the state. Access to information thus forms a crucial
component of genuine democratic participation and sound
policy formulation.
Malawi has three main instruments that guarantee the right to
information: the Republican Constitution, the National Access
to Information (ATI) Policy and the Access to Information Act,
2016. The ATI Policy and ATI Act provide a framework for the
actualisation of Section 37 of the Malawi Constitution which
states that ‘…every person shall have the right of access to all
information held by the State or any of its organs at any level
of government in so far as such information is required for the
exercise of his right.’
However, access to information is still a challenge for most
Malawians. Few Malawians enjoy and exercise this right and
government is yet to set a date for the ATI Act to become
opera-tional, as provided for under Part 1, Section 1, of the ATI
Act, which states: ‘…this Act…shall come into operation on a
date appointed by the Minister and published in the Gazette.’
Almost one year and seven months down the line, the Minister
of Information and Communications Technology is yet to set
a date for the commencement of the legislation. The Act, like
the Republican Constitution, does not provide a timeframe
within which the law should be operational. The MISA Malawi
Chapter believes that government will exploit the gap to
further delay implementation of the Act. The government
has already employed various tactics to delay the process
and development of a robust ATI Act by changing most of
the critical provisions in the draft bill. This development was
construed by MISA and most free speech advocates as an
attempt by government to push for a law that limits rather
than promotes the right to information. The current delay in
setting the commencement date is seen as a continuation of
the tactics employed during the 12-year period to have the
bill passed.
MISA Malawi is currently lobbying government to start
implementing the ATI legislation. The Chapter is also engaging
relevant public bodies, with compliance obligations under the
Act, to prepare for the implementation of the Act. The current
study on the most open and secretive public institutions in
Malawi provides an opportunity to pressure government to
implement the Act and secondly, prepares public bodies to
comply with the law once it is in force.
The study will also remind government and all stakeholders of the
need to respect constitutional guarantees on access to information,
which is considered key to poverty reduction, national security,
transparency and a meaningful participatory democracy.

RATIONALE AND RESEARCH
PARAMETERS
The importance of access to information cannot be over­
emphasised. Apart from guarding against abuse of public
resources, access to information builds trust and is instrumental
in fighting poverty. It is on this basis that the framers of the
Malawi Constitution clearly recognised the relevance of this
right and guaranteed it under Section 37.
However, this constitutional provision alone is not sufficient to
guarantee and ensure simple and easy access to information.
In addition, government has not yet set a date for the ATI Act
to become operational. The ATI Act provides a framework for
the actualisation of the constitutional provision on access to
information with clear penalties for none-compliance. Thus the
delay in setting a date for the commencement of the Act means
that there is no legal framework to compel public authorities
to be proactive in releasing information to the general public,
both in terms of general information on their online platforms
and in responding to requests for specific information.
Apart from the gaps in the legal framework, a culture of
secrecy permeates Malawian society. Transitioning from a
primarily secretive society to one based on democratic values
and principles requires both legal and policy reforms and a
change of attitudes.
It is on this basis that MISA Malawi believes that studies on the
most open and secretive public institutions are indispensable
in promoting a transparent and progressive society. These
studies foster a culture of openness and transparency in public
institutions and entrench democratic values and beliefs in the
country’s public bodies.

Aim of the Study

As with past studies of this nature, this research aimed to assess
the level of openness in Malawian public institutions as a way
of promoting transparency and accountability in public bodies.

Specific Objectives

Specifically, this study sought to:
1. Assess the level of transparency in public institutions
against international instruments and standards on access
to information.
2. Influence the adoption of laws and practices which promote
a culture of openness.
3. Inform MISA Malawi advocacy interventions on access to
information, media free-dom and freedom of expression.

Methodology and Timeframe

The study was done at two levels. The first level focused on
the analysis of websites and online platforms of selected
public bodies and the second level focused on requests for information to the same sampled institutions. MISA Malawi also
made deliberate efforts to follow up on the information requests.

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