Be Careful Politicians: Regulations to Ban Handouts Almost Ready

Politicians who rely on freebies and cash to sway voters will soon face serious legal consequences as new regulations to enforce the prohibition of handouts under the Political Parties Act (PPA) of 2018 are nearing completion. These regulations are expected to be tabled before the 51st Session of Parliament, scheduled to begin on February 14, 2025.

The rules are being finalized by a Reference Group led by the Registrar of Political Parties, Kizito Tenthani. Other members of the group include Lawrence Lunguzi from the Malawi Electoral Commission (MEC), Liness Chikankheni of the Ministry of Justice, Joseph Chintolo from the Registrar General’s office, McHarven Ngwata of the Malawi Law Society, and Joseph Chunga from the Political Science Association.

In an interview, Tenthani revealed that the drafting process is almost complete and will undergo validation with civil society and political parties before being submitted to the Ministry of Justice by the end of February. Once the Ministry processes the regulations, they will be published in the gazette and laid before Parliament.

“My expectation is that we will be able to lay the regulations before Parliament within the budget sitting. The issue of handouts is an area where you definitely need regulations so that people understand what exactly handouts are within the confines of the law,” Tenthani explained.

He added that the regulations, as subordinate legislation, are subject to mandatory parliamentary oversight but are unlikely to undergo substantive debate or modification.

Malawi Law Society (MLS) President Patrick Mpaka confirmed the constitutional necessity for the regulations. “That one is a legal requirement under the Constitution that subsidiary legislation must be laid before Parliament,” he noted, citing Section 58 of the Constitution. This section allows Parliament to delegate powers for making subordinate legislation but requires that such regulations be reviewed by Parliament.

Thom Khanje, public relations and communications manager for the National Planning Commission (NPC), stressed the urgency of enforcing the PPA. According to Khanje, handouts remain widespread as Malawi approaches the September General Election, undermining the principles of the Malawi 2063 (MW2063) agenda.

“One of the reasons we keep electing non-performing leaders, including legislators and councillors, is the culture of handouts. It should be one of the issues addressed through enforcement of the Act,” Khanje stated.

Similarly, National Initiative for Civic Education (Nice) Trust executive director Gray Kalindekafe warned that time is running out. “The law has been in place since 2018, and it is unfortunate that up to now, there are no regulations. If regulations are still not in place, when are they going to be implemented? After elections?” he questioned.

Tenthani acknowledged concerns about the office’s capacity to implement the regulations. Having assumed office in April 2024, he emphasized that setting up operations is a long-term effort.

“We are working towards implementing the Act, given the time and resources available. We can’t do everything all at once,” he stated, highlighting that many provisions of the PPA are relevant beyond elections.

Nearly seven years after the PPA’s enactment, the absence of regulations has rendered the law ineffective, allowing politicians to evade accountability. Section 41 (1) of the Act prohibits candidates, political parties, or persons contesting elections from distributing handouts. Violators face a fine of K10 million and up to five years imprisonment under Subsection (3).

With elections only six months away, the urgency to finalize and enforce these regulations cannot be overstated. The political landscape of Malawi is poised for a significant shift as the culture of handouts faces its toughest challenge yet.

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