Malawi
In September, a 60-year-old man, Alinafe Paulo of the Traditional Authority
Nsamala in Balaka in southern Malawi
was convicted and fined MK3,000
(about $5) or serve three months imprisonment with hard labor for insulting the
President. This was also a trend during
the period 2012 and 2014 when over
10 cases were reported of people being
arrested for insulting the then President
Joyce Banda.
Apart from Section 181 of the Penal
Code, other laws in the statute books
include the Official Secrets Act (1913),
the Printed Publications Act (1947) and
the Censorship and Control of Entertainments Act (1968) as well as the Protected Flags, Emblems and Names Act. As
stated in our past narratives of the same
publication, the Protected Flags, Emblems and Names Act still quotes a fine
in Pound Sterling and not Malawi kwacha, supporting the call for law reform,
51 years after independence.
The DPP promised to amend and/or repeal laws that limit freedom of expression, including signing the Declaration
of Table Mountain, as a sign of commitment to repealing repressive and insult
laws, but nothing has happened two
years down the line. The existence of
these laws remains a cause for concern
because they continue to silence both
journalists and civil society actors.

Access to Information
Malawi was considered progressive
when Cabinet approved a policy on access to information, during a Cabinet
meeting on January 27, 2014.
Since the campaign on ATI started in
2004, the only administration to include
ATI as its campaign promise was the
DPP by including it in their manifesto.
Section 180 of the DPP manifesto read:

‘We recognize that access to information
is a major challenge… In this regard, the
DPP government will pass and implement the Access to Information bill.’

Existing anti-free
speech laws were
systematically
employed to suppress
free speech.
Twenty one months later, to the surprise and disappointment of many Malawians, activitists, stakeholders and
human rights advocates, the Mutharika
administration reneged on its promise to
enact the Bill and rejected the proposed
legislation during a Cabinet meeting
held on Tuesday, November 17, 2015
in the capital Lilongwe. The Bill was
referred back to the Cabinet Committee
on Legal and Constitutional Affairs for
further review.
The Cabinet rejected the Bill on the
grounds that it was filled with inconsistencies. Cabinet felt the law could not
be applied retrospectively; there were
concerns with whistle blower protection
and surprisingly it did not want the Official Secrets Act of 1913 to be invalidated by the new law. Cabinet apparently
also wanted the Ministry of Information
to be the implementation agency and
not the Malawi Human Rights Commission or indeed an Independent Information Commission as proposed by different stakeholders who assisted with the
drafting the Bill.
The Draft ATI Bill was developed based

So This is Democracy? 2015

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