MALAWI

INTRODUCTION
Malawi adopted a new Constitution in 1993, which was primarily
based on liberal democratic principles and which also recognises
the important role that access to information (ATI) plays in
nurturing a transparent and accountable government. Section
37 of the Malawi Constitution 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 as far as such information is required for the exercise of his
right.”
Despite this provision, Malawi has no legislation or framework
on the nature and scope of information that can or cannot be
accessed by the public. This means that there is no legislation
to compel public officials to provide people with the necessary
information to make informed decisions. In other words, citizens
cannot easily access information held by the State and public
institutions as provided for in the Constitution.
It is on this basis that the Media Institute of Southern Africa –
Malawi Chapter (MISA Malawi) has been lobbying government
for the past 10 years to adopt legislation on access to information.
So far, MISA Malawi and its partners have been able to lobby
government to adopt a national policy and develop a draft bill
on access to information.
Cabinet adopted the ATI Bill in February 2016 and tabled
it in the National Assembly during the May–July sitting of
Parliament. Following calls from MISA Malawi and its partners
for Members of Parliament (MPs) to properly scrutinise the
Bill before it is passed, the MPs referred the Bill to the Media
and Communications Committee of Parliament for further
consultations. MISA Malawi and its partners argue that the
Bill government tabled in Parliament undermines rather than
promotes the right to information as provided for in Section
37 of the Malawi Constitution as it entrusts oversight and
enforcement in the hands of a political appointee and has no
clause on whistleblower protection.
As part of its campaign to push legislation on ATI, MISA
Malawi annually undertakes a study to determine the level of
government openness in the country; this report provides the
results of this study.. This is the eighth consecutive year that
the Malawi Chapter has carried out this study and hopes that
the findings will add impetus to calls for ATI legislation as well
as remind government of its international commitments and
obligations in promoting freedom of expression and access to
information.

Rationale and ReseaRch
PaRaMeteRs
The importance of access to information cannot be
overemphasised. Access to information is a fundamental human
right and the enjoyment of other rights largely depends on the
availability of information for one to make informed decisions.
The African Charter on Human and People’s Rights (ACHPR)
states that ‘…every individual shall have the right to receive
information,’ and that ‘…public bodies hold information not for
themselves but as custodians of the public good and everyone
has the right to access this information.’
The Malawi Constitution, as previously stated, also recognises the
relevance of this right and provides for the same under Section
37; however, access to public information remains a problem for
most Malawians.
The MISA Malawi studies conducted on the level of openness
in public institutions in 2009, 2010, 2011, 2012, 2013, 2014 and
2015, as well as ‘Obstacles to Access to Information in Malawi,’
by Professor Edge Kanyongolo1 clearly show that access to
information is a big challenge for most Malawians. This is for a
number of factors including lack of willingness on the part of
public officials to grant access, illiteracy, low awareness levels on
the right of access to information and lack of a legal framework
to govern management and provision of public information.
The studies on the level of openness in public institutions provides
MISA Malawi with research-based evidence to strengthen its
advocacy and calls for legislation on ATI and adherence to
international instruments.

The 2016 study sought to:
1. Assess the level of transparency in government and public
institutions against international standards and principles of ATI;
2. Influence adoption of practices, laws and a culture that
promotes transparency and openness in government and public
institutions;
3. Inform advocacy and interventions by MISA Malawi and civil
society across the country; and
4. Encourage citizens to exercise their fundamental right
to access information necessary for accessing other socioeconomic rights which is generated, held and controlled by
government institutions.
The study focused on a total of nine (9) institutions and was
undertaken between August and September 2016. The following
public institutions were surveyed:
1.
2.
3.
4.
5.

Blantyre City Council (BCC)
Blantyre Water Board (BWB)
Central Medical Stores Trust (CMST)
Lilongwe Water Board (LWB)
Department of Road Traffic Directorate (DRTD)

1 The research was commissioned by MISA Malawi with funding from UNESCO and
was carried out in 2012.

11

Select target paragraph3