Political Parties Act, 2018

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.

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

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

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.

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

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.

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

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

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.

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.

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.

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.

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

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.

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.

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

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

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

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.

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

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.

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.

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.

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

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.

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

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

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.

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.

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.

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

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

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.

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.

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.

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.

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

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

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.

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

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

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

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

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.