MALAWI

INTRODUCTION
As far as access to information (ATI) is concerned, 2017 will be
remembered as a year of triumph for media and free expression
advocates in Malawi and beyond. Despite stiff resistance from
Government, opposition-dominated Parliament passed the
much anticipated ATI Bill and concluded a campaign MISA
Malawi had spearheaded for 12 years.
As it stands, Malawi has an ATI Policy – adopted by the Malawi
Cabinet on January 27, 2014, and the ATI Act (2016) which
President Peter Mutharika signed into law on February 10, 2017.
The ATI Policy and the ATI Act (2016) affirm access to information
as a right in line with Section 37 of the Malawi Constitution which
states:
“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.”
Accessing information is however still a challenge for most
Malawians, as citizens enjoy or exercise this right in theory, but
not in practice. Government is yet to set a date for the Act to
become operational as provided for under Part 1, Section 1, of the
ATI Act (2016), which states that:
“This Act may be cited as the Access to Information Act, 2016, and
shall come into operation on a date appointed by the Minister and
published in the Gazette.”
Most critics believe Government will capitalise on this clause to
delay the legislation’s implementation. These fears are justified
if Government tactics in 2015 and 2016 are anything to go by.
Prior to the enactment of the legislation in November 2016,
Government changed several provisions in the draft ATI Bill
which was viewed as an attempt to limit rather than promote the
right to information. Members of Parliament (MPs) rejected the
changes when the Bill was tabled in Parliament in March 2016,
following an appeal from MISA Malawi. The MPs referred the Bill
to the Media and Communications Committee of Parliament for
review. Of particular concern to MISA and ATI advocates was
Government’s removal of the independent oversight body and
whistleblower protection clauses, among others.
The Bill was re-tabled in Parliament in November 2016 after
further consultations with key stakeholders, including MISA
Malawi. The MPs reversed the changes Government had made
and MISA Malawi believes that the current version of the law
reflects the views and aspirations of stakeholders who had
worked on the Bill for 12 years.
MISA Malawi considers the current Transparency Assessment in
Malawi as an opportunity to pressure Government to implement
the ATI legislation. The study will remind Government and all
stakeholders of the need to promote transparency and fulfil
guarantees on media freedom, free expression and access to
information as provided for in the Malawi Constitution.

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Rationale and ReseaRch
PaRaMeteRs
The right to Information is a fundamental human right which
enables individuals to enjoy and exercise other rights. In this
regard, the right to information is considered an enabling right.
People require information to make informed decisions on
health, security, and education issues as well as which candidate
to vote for during elections.
It is on this basis that MISA Malawi campaigns for ATI legislation
and conducts studies to determine the most open and secretive
public institutions in the country. The studies highlight the
relevance of legislation on ATI to eradicate poverty, promote
transparency and accountability, safeguard democracy and
place the country on a path to sustainable development.
The 2017 study sought to assess the level of transparency in
government and public institutions and provide a basis of
evidence on why the country needs ATI legislation.

Specifically, the study aimed to:
1.

Assess the level of transparency in government and public
institutions against international standards and principles.
2. Influence adoption of practices, laws and a culture that
promotes transparency and openness in government and
public institutions.
3. Encourage citizens to exercise their fundamental right to
access information generated, held and under the control
of government institutions, necessary for accessing other
socio-economic rights.
The study, conducted between July and August 2017, focused on
the following nine public bodies:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Blantyre City Council (BCC)
Department of Immigration
Lilongwe City Council (LCC)
Malawi Electoral Commission (MEC)
Malawi Revenue Authority (MRA)
Malawi Energy Regulatory Authority (MERA)
Ministry of Health
Ministry of Local Government and Rural Development
Mzuzu City Council

MISA Malawi has maintained the Blantyre City Council, the
Ministry of Health and the Ministry of Local Government and
Rural Development to ascertain if there are any changes in their
performance. Blantyre City Council was the best performing
public body in 2016. The Ministry of Health was the poorest
performing public entity in 2016, whilst the Ministry of Local
Government and Rural Development was the second worst
performing public body.

Select target paragraph3