Malawi Act or statute

Malawi legislation

Political Parties Act, 2018

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Jurisdiction: Malawi
Structure: 48 provisions
Citation: Act 1 of 2018
Official identity: Year 2018
Dates: Enacted 2018 · Source version 2 Feb 2018

More statute details

Official identity: Year 2018
Dates: Enacted 2018 · Source version 2 Feb 2018

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Purpose and legislative effect

“This section gives the Act its short title and says it starts on a date appointed by the Minister in a Gazette notice.”

This section gives the Act its short title and says it starts on a date appointed by the Minister in a Gazette notice. This section defines key terms used in the Act, including campaign material, candidate, handouts, member, Minister, office bearer, political party, and Registrar. Political parties must respect constitutional principles and rights, and appointments to party organs and committees should reflect gender equality as far as practicable. All persons may form or leave a political party, and no one may be forced to join one. This section creates the office of the Registrar of Political Parties and provides for appointment and confirmation of the Registrar and supporting officers. The Civil Service Commission must advertise for Registrar nominations, and any person appointed as Registrar must meet the stated qualification and suitability requirements.

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Short title and commencement

This section gives the Act its short title and says it starts on a date appointed by the Minister in a Gazette notice.

Section 1

Certificate of registration and its effect

The Registrar must issue and process registration documents for a political party, and the party must display its certificate of registration at its registered office.

Section 13

Closure of books and records of account upon dissolution of Parliament

When Parliament is dissolved, a political party represented in Parliament must close its books and records, submit an audited statement to the Registrar within 14 days after closing, and repay unspent allocated funds by the day before the general elections.

Section 25

Access to information received by the Registrar

Any person has a right to access information received by the Registrar when the Registrar is acting under this Act.

Section 36

Compliance with this Act

Registered political parties must comply with the Act within one year, or the Registrar may deregister them after notice; deregistered parties may seek High Court review.

Section 48

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Source record from malawilii.org · Enacted 2018 · Source version 2 Feb 2018

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Showing 48 of 48 provisions

Provision 29Offence 11Interpretation 2Amendment 2

Part I

Preliminary

§ 1Short title and commencementShort title

This section gives the Act its short title and says it starts on a date appointed by the Minister in a Gazette notice.

1. Short title and commencement This Act may be cited as the Political Parties Act, 2018, and shall come into force on such date as the Minister shall appoint, by notice published in the Gazette.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including campaign material, candidate, handouts, member, Minister, office bearer, political party, and Registrar.

2. Interpretation In this Act, unless the context otherwise requires— " campaign material " means a political party ’s or candidate ’s manifesto, advertisement, billboard, posters, t/shirts, clothes, or other materials depicting colours regarding symbols and other designs of a political party or pictorial images of a candidate and includes materials that may be published as campaign materials and these include; a manifesto, advertisement, bill board, poster, booklet, pamphlet, leaflet, magazine, newspaper, t-shirt, clothes or other materials depicting a colour, symbol, picture or other design for a political party or a candidate ; " candidate " means a person nominated to contest in a presidential, parliamentary or local government election, and includes an independent candidate as defined under the Parliamentary and Presidential Elections Act; [Cap. 2:01] " handouts " means transactions whereby political parties, bodies, candidates or any other person distribute private goods, cash, gifts and other items to a person as an enticement to vote for the political party or the candidate that shall not include matters or transactions specified in the Schedule; " member " means a person eligible to vote under any written law and whose name, address and signature arc entered in a register of members kept and maintained by that political party , but shall not include a mere sympathiser, follower or supporter of a political party whose name is not entered into the party’s register; " Minister " means the Minister, for the time being, responsible for justice; " office bearer " includes a leader of a political party ; " political party " means a combination of persons who have constituted themselves for a political purpose and are registered as such under this Act; and " Registrar " means the Registrar of Political Parties appointed under section 5 .

Section 2Verify source

Part II

General principles

§ 3General principlesProvision

Political parties must respect constitutional principles and rights, and appointments to party organs and committees should reflect gender equality as far as practicable. All persons may form or leave a political party, and no one may be forced to join one.

3. General principles (1) The following principles shall, at all times, be adhered to in the implementation and application of this Act— (a) respect, by political parties in conducting their affairs, of fundamental principles and rights enshrined in the Constitution; (b) freedom by all persons to form a political party and to cease to be a member of a political party , and no person shall be compelled to belong to a political party ; (c) non-discrimination, in enjoyment of rights and privileges of membership of a political party to which a person is a member , on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition; and (d) gender equality which shall ensure that a political party comprise in so far as it is practicable with the principles of gender equality when appointing membership of party organs and committees. (2) In implementation and application of the principles stipulated in subsection (1), due regard shall be given to the need to accord a political party the right to regulate its own affairs and procedures, including the rights and duties of its members.

Section 3Verify source

Part III

The office of the Registrar

§ 4Establishment of the office of the RegistrarProvision

This section creates the office of the Registrar of Political Parties and provides for appointment and confirmation of the Registrar and supporting officers.

4. Establishment of the office of the Registrar (1) There shall be a Registrar of Political Parties (in this Act otherwise referred to as the " Registrar ") who shall be appointed by the Minister and confirmed by the Public Appointments Committee through a competitive process and whose office shall be a public office. (2) In addition to the Registrar , there shall be appointed in the public service such other officers subordinate to the Registrar as are necessary for the proper performance of the functions of the Registrar . (3) Until appointments under subsections (1) and (2) have been made, the officer for the time being holding the office of Registrar General shall hold, or act in the office of Registrar and the officers subordinate to him shall be the officers for the purposes of subsection (2).

Section 4Verify source

§ 5Appointment of the RegistrarProvision

The Civil Service Commission must advertise for Registrar nominations, and any person appointed as Registrar must meet the stated qualification and suitability requirements.

5. Appointment of the Registrar (1) Nominations for appointment to the office of Registrar shall be received from the public by way of a public advertisement placed by the Civil Service Commission and the successful candidate shall be appointed in accordance with section 4 (1). (2) The person to be appointed to the office of Registrar shall— (a) be a holder of a degree in law, social science or political science with at least ten years post-qualification experience; (b) have sufficient knowledge of political systems; (c) within the last seven years, not have been convicted by a competent court of a crime involving dishonesty or moral turpitude; (d) not have been declared bankrupt; and (e) not hold any other public office.

Section 5Verify source

§ 6Powers, functions and duties of the RegistrarProvision

The Registrar must oversee and implement the Act and carry out listed functions for political parties.

6. Powers, functions and duties of the Registrar (1) The Registrar shall oversee the overall administration and the implementation of this Act. (2) Without prejudice to the generality of subsection (1), the Registrar shall— (a) register, regulate, monitor and investigate political parties to ensure compliance with this Act; (b) ensure publication of audited annual accounts of political parties; (c) verify and make publicly available the list of all office bearers of political parties, (d) maintain a register of political parties and the symbols of the political parties; (e) ensure and verify that no person is a member of more than one political party ; (f) receive and investigate complaints received under this Act; and (g) perform such other functions as may be conferred by this Act or any other written law.

Section 6Verify source

§ 7Independence of the RegistrarProvision

The Registrar must act independently when exercising his powers, functions, and duties.

7. Independence of the Registrar The Registrar shall, in the exercise of his powers, functions and duties, be independent of the interference or direction of any other person or authority.

Section 7Verify source

§ 8Tenure of office of the RegistrarProvision

The Registrar serves a three-year term and may be reappointed for further terms of up to three years if performance is satisfactory. Removal is allowed only by the appointing authority and only after the Registrar has been heard.

8. Tenure of office of the Registrar (1) The Registrar shall serve a term of three years but he may be appointed for such further term or terms not exceeding three years subject to satisfactory performance. (2) The Registrar shall be removed from office on any of the following grounds— (a) incompetence; (b) misconduct that brings the Office into disrepute; (c) undischarged bankruptcy; (d) non-disclosure of interest; (e) if he ceases to hold the qualifications for appointment under section 5 ; (f) involvement in active politics; or (g) incapability to perform his duties as Registrar by reason of' mental or physical infirmity. (3) The Registrar shall only be removed from office by the appointing authority. (4) The Registrar shall not be removed from office unless he has been given an opportunity to be heard.

Section 8Verify source

§ 9Funds for the Office of the RegistrarProvision

The Office of the Registrar’s funds come from parliamentary appropriations, fees, fines, and donations.

9. Funds for the Office of the Registrar The funds of the Office of the Registrar shall consist of— (a) such sums as shall be appropriated by Parliament for the purpose of the Office; (b) such sums as may be payable to the Office by way of— (i) fees; (ii) fines; and (iii) donations.

Section 9Verify source

§ 10AccountsProvision

The Office of the Registrar must keep a designated account, keep proper books of accounts, and have its accounts audited annually; the Minister may choose the bank.

10. Accounts (1) The Office of the Registrar shall maintain, with such bank as the Minister may determine, a designated account into which shall be paid the funds payable to the Office. (2) The Office of the Registrar shall cause to be kept proper books of accounts of the payments made to the Office. (3) The accounts related to the Office of the Registrar shall be audited annually by the Auditor General.

Section 10Verify source

Part IV

Registration and deregistration of political parties

§ 11RegisterProvision

The Registrar must keep a register of prescribed particulars about political parties.

11. Register (1) The Registrar shall keep a register in which shall be recorded such particulars relating to a political party as are prescribed in this Act. (2) A copy of an entry in the register certified by the Registrar or a person authorized by the Registrar shall, for the purposes of any written law, be prima facie evidence of the facts stated in the certificate.

Section 11Verify source

§ 12Application for registration of a political partyProvision

A qualifying political party may apply in writing to the Registrar for registration.

12. Application for registration of a political party (1) A political party , consisting of not less than one hundred persons in each of the districts of Malawi who are eligible to vote, may apply in writing to the Registrar for registration of the party under this Act. (2) An application for registration shall be signed by the office bearers of the political party and shall— (a) specify the name of the party; and (b) be accompanied by— (i) two copies of the constitution, rules and manifesto of the party, duly certified by the leader of the party; (ii) the particulars of the registered office of the party; (iii) a list giving the names and postal addresses of the office bearers of the party; (iv) a list giving the names, addresses and signatures of not less than one hundred members of the party and resident in each of the districts of Malawi; and (v) a graphic representation of the symbol of the party in the form prescribed by the Registrar . (3) The list referred to in paragraph (b) (iv) shall be accompanied by a written confirmation from the District Commissioner of each district that the people mentioned in the list are residents of that district and are eligible to vote. (4) For the purpose of this Act, "office bearers of a political party " shall comprise, in the minimum, the president, the secretary general and the treasurer general of the party.

Section 12Verify source

§ 13Certificate of registration and its effectProvision

The Registrar must issue and process registration documents for a political party, and the party must display its certificate of registration at its registered office.

13. Certificate of registration and its effect (1) Upon registering a political party , the Registrar shall— (a) issue the party with a certificate of registration; (b) register, and stamp copies of the constitution, rules and manifesto of the party submitted with the application; and (c) return to the party one copy of the constitution, rules and manifesto of the party. (2) Where the Registrar issues a certificate of registration of a political party , the party shall become— (a) a body corporate with perpetual succession and a common seal; (b) capable of suing and being sued in its corporate name; (c) capable of acquiring and disposing of any moveable or immovable property; and (d) able, in the exercise of its powers, functions and duties, to do such acts and perform such things as bodies corporate may by law do or perform. (3) A political party shall display its certificate of registration at a conspicuous place at its registered office. (4) The Registrar shall, within thirty days of registering a political party , publish a notice of the registration in the Gazette.

Section 13Verify source

§ 14Refusal to registerProvision

The Registrar may refuse to register a political party on listed grounds, and if he does, he must notify the party in writing within 30 days and give reasons.

14. Refusal to register (1) The Registrar may refuse to register a political party if he is satisfied that— (a) the application is not in conformity with this Act; (b) the name of the party— (i) is identical to the name of an existing political party or a political party that has been deregistered under this Act: Provided that where five years have elapsed since the deregistration is made, the application to register may be granted; (ii) so nearly resembles the name of a an existing political party or a political party which has been deregistered under this Act, such that the name may cause or lead to confusion: Provided that where five years have elapsed since the deregistration is made, the application to register may be granted; (iii) denotes a religious faith or a regional or ethnic identity; or (iv) is provocative to, or offends against, public decency and morals or is contrary to any other written law; (c) the symbol of the party so resembles a symbol of another political party registered under this Act or a political party which has been deregistered under this Act, such that the symbol may cause or lead to confusion; Provided that where five years have elapsed since the deregistration is made, the application to register may be granted; or (d) the purpose or object of the party is unlawful. (2) A political party shall be deemed to have a purpose or object which are unlawful for the purpose of this Act if— (a) it seeks, directly or indirectly, to further ethnical, racial or religious discrimination or discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition; (b) its purpose, object or membership is based on a religious faith; (c) it advocates or seeks to effect political change in the Republic through violence or unlawful means; or (d) it seeks to secede any part of the Republic from the Republic. (3) For the purposes of determining whether a political party has an unlawful purpose or objects, the Registrar may consider any document issued or statement made by, or on behalf of, the party or by an office bearer of the party. (4) Where the Registrar refuses to register a political party , he shall, within thirty days, serve upon the party a notice in writing to that effect and shall specify the grounds for his refusal.

Section 14Verify source

§ 15Review of refusal to registerProvision

An aggrieved political party may ask the High Court to review the Registrar’s refusal decision within 30 days of receiving the refusal notice, through an office bearer.

15. Review of refusal to register A political party that is aggrieved by the decision of the Registrar made under section 14 may, within thirty days of receiving the notice of refusal, apply to the High Court, through an office bearer, for the review of the decision of the Registrar, and the High court may make such order as it thinks fit.

Section 15Verify source

§ 16DeregistrationProvision

The Registrar must deregister a political party if the listed conditions are met, and must give notice before deregistration and publish the deregistration notice afterward.

16. Deregistration (1) The Registrar shall deregister a political party , on his own motion or upon application by a member of the political party — (a) if he is satisfied that— (i) the registration of the party was obtained by fraud or mistake; (ii) the party has not held a convention for a period of at least five consecutive years from the date of its registration or the date the party held its last convention; (b) where the party has secured none of the following after two general elections— (i) at least a seat in parliamentary elections; or (ii) at least five per cent of national votes for parliamentary elections; or (iii) at least two seats in local government elections or ten per cent of the total national votes in the local government elections; or (c) where the party has been dissolved in accordance with its constitution. (d) if the party, after notice of the Registrar requiring the party to comply with this Act, fails to do so within thirty days; or (e) if the Registrar is satisfied that the party has ceased to exist. (2) The Registrar shall, not less than twenty one days before deregistering a political party under subsection (1)— (a) issue a written notice informing the party of his intention to deregister the party and the reasons for the intention; and (b) request the party to give reasons in writing within a period specified in the notice why the party should not be deregistered. (3) The Registrar shall, within thirty days of deregistering a political party , publish a notice of the deregistration in the Gazette , and shall recommend to the Clerk to the National Assembly for the Minister responsible for finance to suspend the funding of the deregistered political party . (4) For purposes of this section, "convention" means an assembly of delegates or representatives of a political party for purposes of nominating, appointing or electing candidates for office and adopting party policies or rules, and includes a national conference aimed at achieving the same purpose.

Section 16Verify source

§ 17Review of decision to deregisterProvision

A deregistered political party may apply to the High Court for review within 14 days after the Gazette notice of deregistration.

17. Review of decision to deregister (1) Where a political party has been deregistered, the party may, within fourteen days after the publication of the notice of deregistration in the Gazette, apply to the High Court for the review of the decision to deregister the party, and the High Court may make such order as it thinks fit.

Section 17Verify source

§ 18Notice of change in registered particularsAmendment

A political party must notify the Registrar in writing within 14 days after any change in its registered particulars. If the change amends the party’s constitution or manifesto, it must also submit two copies of the amended document within the same 14-day period.

18. Notice of change in registered particulars (1) A political party shall, within fourteen days of any change in its registered particulars, notify the Registrar in writing of such change. (2) Where the change under this section involves amendments to a political party ’s constitution or manifesto, the political party shall submit two copies of the amended constitution or manifesto to the Registrar within fourteen days of making such amendment. (3) Upon registering an amendment submitted under subsection (2), the Registrar shall stamp the two copies of the amended constitution or manifesto and return a copy of each to the political party .

Section 18Verify source

§ 19Failure to notify changesOffence

A political party that fails to comply with section 18 commits an offence and can be fined K10,000,000 plus K500,000 for each day the offence continues.

19. Failure to notify changes A political party which fails to comply with section 18 commits an offence and is liable to a fine of K10,000,000, and to a further fine of K500,000 for each day that the offence continues.

Section 19Verify source

§ 20Refusal to register amendmentsAmendment

The Registrar may refuse to register a party amendment if it would make the party’s purpose unlawful or breach the Act.

20. Refusal to register amendments (1) The Registrar may refuse to register an amendment submitted under section 18 (2) if it appears to the Registrar that, by reason of the amendment— (a) the purpose or objects of the political party would be unlawful; or (b) the amendment contravenes this Act. (2) Where the Registrar refuses to register an amendment under subsection (1), he shall give notice in writing to the political party , informing the party of his refusal to register the amendment, and giving reasons for such refusal. (3) Where the Registrar refuses to register an amendment under subsection (1), any office bearer of the political party may, within fourteen days of the date of the notice of refusal, seek review of the decision to refuse by the High Court and the High Court may make such order as it thinks fit.

Section 20Verify source

Part V

Finances of political parties

§ 21Entitlement to State fundingProvision

A political party that wins more than one-tenth of the national vote in parliamentary elections is entitled to State funding.

21. Entitlement to State funding (1) A political party which has secured more than one-tenth of the national vote in parliamentary elections shall be entitled to be provided with funds by the State to ensure that, during the life of any Parliament, the party has sufficient funds to continue to represent its constituency. (2) The provision of funds to political parties by the State shall be made quarterly.

Section 21Verify source

§ 22Uses of State fundingProvision

Political parties must use State funding only for the listed public and party-related purposes, and not for personal gain.

22. Uses of State funding (1) A political party shall use funds received from the State for any of the following purposes— (a) promoting the representation of the party in Parliament; (b) promoting active participation of individual citizens in political life; (c) covering of the election expenses of a political party and the broadcasting of the policies of the political party . (d) the organization by the party of civic education in democracy and other political processes; and (e) administrative and staff expenses of the party. (2) The funds received from the State shall not be used for personal gain.

Section 22Verify source

§ 23Banking, accounts and audit in respect of State fundingProvision

Political parties that receive State funding must keep a separate Malawi commercial bank account, maintain proper accounts, submit final accounts to the Registrar, and may be audited and surcharged.

23. Banking, accounts and audit in respect of State funding (1) A political party which receives funding from the State shall— (a) keep, with a commercial bank in Malawi, a separate bank account into which funds provided to the party by the State shall be deposited; (b) keep proper books and records of accounts in relation to State funds, and shall balance its accounts for that year and produce statements of final accounts within six months after the end of each financial year; and (c) submit the final accounts to the Registrar who shall forward a copy of the accounts to the Auditor General and the Clerk to the National Assembly. (2) The Auditor General or an auditor appointed by the Auditor General shall audit the financial records of a political party in respect of the State funds which a political party receives pursuant to section 21 . (3) The Auditor General or the auditor appointed under subsection (2), shall present a report of the audited accounts to— (a) the Registrar ; (b) the political party concerned; and (c) the Secretary to the Treasury. (4) Upon considering the report presented under subsection (3), the Registrar may recommend to the Secretary to the Treasury to disallow any item of expenditure which is contrary to this Act. (5) The Secretary to the Treasury shall have power to— (a) surcharge the amount of any expenditure disallowed on the party; (b) surcharge any sum which has not been duly brought into account on the party; (c) surcharge the amount of any loss or deficiency occasioned by the negligence or misconduct of any person on the party; or (d) set off the amount irregularly spent against any allocation that may be or may become payable to the party. (6) Any person aggrieved by a decision of the Secretary to the Treasury under this section may apply to the High Court for a review of the decision. (7) Any sum surcharged on a political party shall be payable to the Registrar within one month of the written notification of the surcharge to such party, or in the case of an application under subsection (6), within one month of the decision of the High Court if such decision confirms the surcharge and shall be recoverable as a debt to the Government.

Section 23Verify source

§ 24Suspension of State fundingProvision

The Secretary to the Treasury may suspend funding to a political party if it has not complied with a requirement in this Part.

24. Suspension of State funding (1) The Secretary to the Treasury may, on the recommendation of the Registrar , suspend the allocation of funds to a political party if the party has failed to comply with any requirement under this Part. (2) Where the Secretary to the Treasury intends to suspend the provision of funds to a political party pursuant to subsection (1), by the State, he shall— (a) by written notice inform the party of the intended suspension and the reasons for the suspension; and (b) request the party to give reasons in writing within a period specified in the notice why the provision of funds by the State should not be suspended.

Section 24Verify source

§ 25Closure of books and records of account upon dissolution of ParliamentProvision

25. Closure of books and records of account upon dissolution of Parliament Where Parliament is dissolved, a political party represented in Parliament shall— (a) close the party's books and records of account kept in terms of section 23 not later than twenty-one days before the date set for the general elections and shall within fourteen days thereafter submit an audited statement in respect of those books and records of account to the Registrar; and (b) not later than the day immediately before the date set for the general elections, repay to the Registrar any unspent balances as at the date when the books and records of account were closed, of all funds that had been allocated to the party.

Section 25Verify source

§ 26Power of Minister responsible for finance to give financial instructionsProvision

The Minister responsible for finance may issue written instructions to improve control and efficient management of funds given to political parties, subject to the Public Audit Act and the Public Finance Management Act.

26. Power of Minister responsible for finance to give financial instructions Subject to the Public Audit Act and the Public Finance Management Act, the Minister responsible for finance may issue written instructions for the better control and efficient management of funds provided to political parties under this Act. [Cap. 37:01; Cap 37:02]

Section 26Verify source

§ 27Private funding and receipt of donationsOffence

Political parties may take membership fees and donations, but donations meeting the stated thresholds must be disclosed to the Registrar within 90 days. Political parties cannot receive donations from state owned corporations.

27. Private funding and receipt of donations (1) A political party may receive membership fees from its members. (2) A political party may, for the purposes of financing its activities, appeal for, and receive donations from, any individual or organization, within or outside Malawi: Provided that the source of every donation, whether in cash or in kind and whether once oft or cumulatively, with a monetary value of at least K1,000,000 from an individual donor and of at least K2,000,000 from an organization shall, within ninety days of its receipt, be declared to the Registrar by the political party concerned. (3) A political party shall not be eligible to receive donations from state owned corporations. (4) A political party may perform any lawful activities for the purpose of raising funds for the party. (5) A secretary general of a political party shall be personally responsible for declaring to the Registrar the source of any donation that requires disclosure under subsection (2). (6) A secretary general of a political party who— (a) fails to comply with subsection (2); or (b) gives false information in relation to donations received by a political party under subsections (2), commits an offence and shall, upon conviction, be personally liable to a fine equal to the amount of the funds or the value of the assets not declared or in relation to which false information was given, and to imprisonment for two years.

Section 27Verify source

§ 28Separate bank account for private fundingProvision

A political party must put money donations received under section 27 into a separate bank account in the party’s name.

28. Separate bank account for private funding A political party shall ensure that all donations received by the party under section 27 in the form of money are deposited into a separate bank account held in the name of the political party.

Section 28Verify source

§ 29Registration and declaration of assetsProvision

A political party must keep qualifying donation assets in its name and declare its assets to the Registrar when it applies for registration and every five years after that.

29. Registration and declaration of assets (1) A political party shall ensure that the ownership of all donations received by the party under section 27 in the form of assets are vested in the name of the party. (2) A political party shall, on the date of its application for registration and thereafter after every five years, declare the assets owned by the political party to the Registrar in the prescribed form.

Section 29Verify source

§ 30Auditing of private financingProvision

A political party that receives private funding under this Act must have its financial records for that funding audited by a certified public accountant.

30. Auditing of private financing (1) A political party which receives private funding under this Act shall have the financial records of the party, in respect of the private funding, audited by a certified public accountant.

Section 30Verify source

§ 31Members' access to financial recordsProvision

A political party must make all of its financial records available to its members at least once every year.

31. Members' access to financial records A political party shall, at least once every year, make available to its members all financial records of the party.

Section 31Verify source

Part VI

Rights and duties of political parties in elections

§ 32Right to participate in electionsOffence

Political parties may nominate candidates and campaign in elections, but other persons and organizations are generally barred from electioneering or acting for a party unless specifically authorized; breaches are offences punishable by fines.

32. Right to participate in elections (1) A political party shall have the right to nominate candidates to contest in presidential, parliamentary or local government elections and to campaign for any candidate in the elections, and in excising this right, parties shall endeavour to achieve fair gender representation. (2) Any person or organization, other than a political party or an independent candidate registered for participating in an election, shall not electioneer or authorize any person to act on its behalf, in connection with an election. (3) A person shall not act on behalf of, or represent himself as acting on behalf of, a political party in connection with or for the purpose of a specified election unless the person is a member of, and has been authorized in writing to act on behalf of, the political party . (4) A person who contravenes this section commits an offence and shall be liable to a fine of K5,000,000, and in the case of a political party , a fine of K10,000,000.

Section 32Verify source

§ 33Freedom of assemblyOffence

A political party has the right to organize and hold public rallies without unlawful interference, and unlawful interference can lead to an offence and fines.

33. Freedom of assembly (1) A political party shall have the right to organize and conduct public rallies without unlawful interference from the State, other political parties, or any person. (2) A person who unduly interferes with another political party in exercising the right of a political party under subsection (1) commits an offence and shall, upon conviction, be liable to a fine of K5,000,000, and in the case of a political party , a fine of K10,000,000. (3) The imposition of the fine by the Court under subsection (2) shall be without prejudice to penalties which the Registrar may impose under this Act.

Section 33Verify source

§ 34Freedom of expressionOffence

Political parties have the right to publish or import election campaign materials, access public information needed for publication, and receive equitable and balanced election coverage. Anyone who obstructs these rights commits an offence and may be fined.

34. Freedom of expression (1) A political party shall have the right to freely publish, or import into Malawi, its election campaign materials and to be accorded adequate facilities for access to public information reasonably required for such publication. (2) A political party shall have the right to equitable and balanced coverage during presidential, parliamentary and local government elections by the Malawi Broadcasting Corporation established under the Communications Act and every media organization funded by the State. [Cap. 68:01] (3) Any person who obstructs a political party from exercising its right under this section commits an offence and shall, upon conviction, be liable to a fine of K5,000,000, and in the case of a political party , a fine of K10,000,000.

Section 34Verify source

Part VII

Miscellaneous provisions

§ 35Inspection by the RegistrarProvision

The Registrar may require a registered political party to submit documents and may inspect or obtain copies or extracts of the party’s records.

35. Inspection by the Registrar The Registrar may, at any time after the registration of a political party , require the political party to submit to him any document issued or produced by it or in its name for any purpose and may at any reasonable time inspect and take or extract from copies of, or require an office bearer or employee of a political party to produce in readable form and provide him with, a copy of or extract from the record of the political party .

Section 35Verify source

§ 36Access to information received by the RegistrarProvision

Any person has a right to access information received by the Registrar when the Registrar is acting under this Act.

36. Access to information received by the Registrar Any person shall have the right of access to information received by the Registrar in the exercise of his functions under this Act.

Section 36Verify source

§ 37Onus of proofProvision

If a law limits an act to a political party, the person making the claim must prove the party is registered, or prove they are an office bearer, member, or authorized by the party.

37. Onus of proof Where a written law prohibits the doing of anything except by, or restricts the doing of anything to, a political party , the onus of proving that— (a) a political party is registered under this Act shall be on the person who claims that it is so registered; and (b) a person is an office bearer or member of, or has been authorized by, the political party in respect of which he claims to be acting shall be on the person who claims to be an office bearer or member of or to be authorized by, the party.

Section 37Verify source

§ 38False information, obstruction, etc., of the RegistrarOffence

A person who knowingly gives false or misleading information, makes a false declaration, submits false documents, refuses required information, or obstructs the Registrar in this context commits an offence and can be fined K5,000,000 and imprisoned for two years.

38. False information, obstruction, etc., of the Registrar A person who— (a) for the purpose of obtaining the registration of a political party , wilfully— (i) provides any false or misleading information; (ii) makes any false declaration; or (iii) forges or otherwise submits any document which he knows to be false or misleading, to the Registrar or any person authorized by the Registrar ; (b) fails to furnish the Registrar or any person authorized by the Registrar with any information, document or extract when required or within the time required; (c) obstructs the Registrar or any person authorized by the Registrar in the performance of his functions under this Act, commits an offence and shall, upon conviction, be liable to a fine of K5,000,000, and imprisonment for two years.

Section 38Verify source

§ 39Unauthorized distribution of inexact version of a political party constitutionOffence

A person must not distribute a copy, part, or extract of a political party constitution unless it is an exact copy of the latest registered version; limited sharing is allowed to the Registrar, authorized persons, or police in specified contexts.

39. Unauthorized distribution of inexact version of a political party constitution (1) Save as provided in subsection (2), a person shall not distribute to another person a document which purports to be a copy of, or part of, or an extract from, the constitution of the political party , unless the document is an exact copy of or an exact copy of the part of or exact extract from the latest registered copy of the constitution of the political party . (2) Notwithstanding subsection (1), a person may distribute to— (a) the Registrar or a person authorized by the Registrar in connection with the performance of his functions under this Act; or (b) a police officer m connection with an offence under this Act or any other written law, a copy of any document referred to in subsection (1). (3) A person who contravenes subsection (1) commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and imprisonment for twelve months.

Section 39Verify source

§ 40Use of threats and violence against donorsOffence

A person must not threaten or use violence, economic threats, or economic sanctions against someone because they donated or plan to donate to a political party, candidate, or related person or undertaking.

40. Use of threats and violence against donors Any person who— (a) uses or threatens to use physical force or violence, injures, damages or harms; (b) issues economic threats to harm; or (c) threatens to impose economic sanctions on, another person, who donates or intends to donate any funds to a political party , a candidate , or a member of his family or any of his undertakings on account of the donation, commits an offence and is liable to a fine of K10,000,000 and imprisonment for five years.

Section 40Verify source

§ 41Prohibition of handoutsOffence

This section bans issuing handouts in election contexts and bans asking or getting someone else to issue them.

41. Prohibition of handouts (1) A candidate or political party or body or any person contesting or intending to contest in an election under this Act, shall not at any time issue a handout. (2) A person shall not solicit or procure another person to issue handouts . (3) A person who contravenes this section commits an offence, and shall, upon conviction, be liable to a fine of K10,000,000 and to imprisonment for five years. (4) Notwithstanding any fine or imprisonment annexed to contravention of this section, the court may, upon convicting a person guilty of an offence under this section, make any other order which the court considers just and appropriate for the purpose of remedying the effect of the offence. (5) The Minister shall, in consultation with the Electoral Commission, political parties represented in the National Assembly and other relevant stakeholders in election matters, make regulations to govern the prohibition of handouts under this Act in addition to exemptions specified m the Schedule.

Section 41Verify source

§ 42Prohibition of multiple membership to political partiesOffence

A person must not belong to more than one political party at the same time.

42. Prohibition of multiple membership to political parties (1) A person shall not be member of more than one political party at a given time. (2) A person who Contravenes this section commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and imprisonment for twelve months.

Section 42Verify source

§ 43General penaltyOffence

If someone commits an offence under the Act that has no specific punishment, conviction can lead to a K10,000,000 fine and five years’ imprisonment. If the offender is a political party, the party faces a K15,000,000 fine, and accessories may be liable with it.

43. General penalty (1) A person who commits an offence under this Act for which no punishment has been provided for in this Act shall, upon conviction, be liable to a fine of K10,000,000 and imprisonment for five years. (2) Where the offender under subsection (1) is a political party — (a) the party shall be liable to a fine of K15,000,000; and (b) any person who is an accessory to the commission of the offence shall be severally or jointly liable with the political party .

Section 43Verify source

§ 44RegulationsInterpretation

The Minister may make regulations, on the Registrar’s recommendation, to carry the Act into effect. Those regulations may also create offences and penalties.

44. Regulations (1) Save as otherwise provided for in section 41 , the Minister may, on the recommendation of the Registrar, make regulations for the better carrying into effect of the provisions of this Act. (2) Notwithstanding section 21(e) of the General Interpretation Act, the regulations made under this Act may create offences in respect of any contravention to the regulations, and may for any such contravention impose a fine of up to K10,000,000 and to imprisonment for up to five years. [Cap 1.01]

Section 44Verify source

Part VIII

Repeal, savings and transitional provisions

§ 45Repeal and savingsCommencement

This section repeals the Political Parties (Registration and Regulation) Act and preserves existing subsidiary legislation, unless it conflicts with this Act.

45. Repeal and savings (1) The Political Parties (Registration and Regulation) Act is hereby repealed. [Cap. 2:07] (2) Any subsidiary legislation made under the Act repealed by subsection (1), in force immediately before the commencement of this Act— (a) shall remain in force, unless in conflict with this Act, and shall be deemed to be subsidiary legislation made under this Act; and (b) may be replaced, amended or repealed by subsidiary legislation made under this Act.

Section 45Verify source

§ 46Status of political parties already registeredCommencement

Certain political parties already registered before commencement are treated as registered under this Act, subject to section 48.

46. Status of political parties already registered Subject to section 48 , any political party which, immediately prior to the commencement of this Act, was registered under the Political Parties (Registration and Regulation) Act repealed by section 45 shall be deemed to have been registered under this Act. [Cap 2:07]

Section 46Verify source

§ 47Saving of existing rights, powers, etcRepeal

Political parties keep acts done, powers exercised, and rights acquired under the repealed Act valid despite that repeal alone.

47. Saving of existing rights, powers, etc. Any act done, and any power exercised or right acquired by any political party pursuant to the Political Parties (Registration and Regulation) Act repealed by section 45 shall not be invalid by virtue of that repeal only. [Cap 2:07]

Section 47Verify source

§ 48Compliance with this ActProvision

Registered political parties must comply with the Act within one year, or the Registrar may deregister them after notice; deregistered parties may seek High Court review.

48. Compliance with this Act (1) Any political party deemed to have been registered under this Act in accordance with section 46 shall, not later than one year, comply with this Act. (2) The Registrar shall deregister any political party that fails to comply with subsection (1). (3) The Registrar shall, thirty days before deregistering a political party under subsection (2), give notice in writing to the political party of his intention to deregister, giving reasons for the intended deregistration. (4) Where a political party has been deregistered under subsection (2), the political party may, within thirty days of the deregistration, apply to the High Court for a review of the decision to deregister the political party , and the High Court may make such order as it thinks fit. Schedule (Section 41(5)) The following matters and transactions shall not constitute handouts 1. Campaign materials 2. Facilitation of Political Party meetings or activities such as transport refunds for candidates entourage, transport refunds for entourage, meals for entourage or entertainment 3. Unpublicised religious obligations and offerings Passed in Parliament this thirtieth day of November, two thousand and seventeen.

Section 48Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

and savings This section repeals the Political Parties (Registration and Regulation
Section 45

G–M

2 instruments

General Interpretation Act
Section 44
Minister responsible for finance to give financial instructions Subject to the Public Audit Act
Section 26

N–S

3 instruments

Registrar (1) There shall be a Registrar of Political Parties (in this Act
Section 4
Registrar requiring the party to comply with this Act
Section 16
Registrar The Registrar must oversee and implement the Act
Section 6

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2 Feb 2018 · currentEnglish

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