SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

1.6 (2010 = 1.6; 2008 = 1.4; 2006 = 2.4)

1.8 Public information is easily accessible, guaranteed
by law, to all citizens.
Article 37 of the Constitution gives citizens the right to access public information:
“Subject to any act of Parliament, 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, there is still no supporting legislation in this regard and an Access to
Information Bill has been under discussion for more than a decade.
“Despite a constitutional guarantee, those who hold the information generally
do not give it.”
Legislation, including the Defence Forces Act of 2004, the Banking Act (1989),
the Malawi Police Act (2010), the Malawi Revenue Authority Act (1998) and
the Official Secrets Act (1913), prohibits government officials from revealing
information without being authorised by their superiors to do so.
There are numerous instances of the media being denied access to public
information in order to inform the public. In July 2012 President Joyce Banda
announced during a rally that foreign money was starting to pour back in to the
country. However, it has not been possible for the media to ascertain how much
money is coming in and how the government intends to spend it, as officials
concerned refuse to divulge any details in this regard.
Section 88A (1) of the Malawi Republican Constitution requires the President
Cabinet Ministers and Members of Parliament, to disclose all their assets,
liabilities and business interests – as well as those of their spouses or any
assets that are held on their behalf – upon election or appointment.

AFRICAN MEDIA BAROMETER MALAWI 2012

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