Court backs Law society on party funding data

The High Court of Malawi has dismissed an application by the Registrar of Political Parties to discharge permission for judicial review sought by Malawi Law Society (MLS) in a political party funding data access case.

The Registrar of Political Parties wanted the court to discharge permission granted to the MLS to apply for judicial review on the office’s failure to supply, within 15 days, information on political party funding sources.

Represented by chief State advocate Neverson Chisiza, the Registrar of Political Parties asked the court to stop the judicial review action because the Law Society did not pay K20 000 to access the information as required by law.

But MLS, represented by its president Patrick Mpaka, insisted that it is an anomaly for a public office to demand payment to release public information.

Delivering his judgement in Blantyre yesterday, High Court Judge Mike Tembo said the legality of the requirement of payment of fees to access information called for further investigation at a full hearing of the judicial review. 

He said: “This court is of the view that the issue raised by the defendant also ought to be investigated at the full hearing. In the foregoing premises, the present application by the defendant is accordingly declined.”

Tembo also directed the office of the Registrar of Political Parties to file and serve its defence within seven days after which the matter shall go back to court for a scheduling conference at a date to be fixed.

In July and September 2021, MLS asked the registrar for the list of political party financiers amid fears that parties were captured by businesspersons who look to benefit once they go into power.

But the registrar did not provide the information, prompting MLS to apply to the High Court for a judicial review of the decision.

The High Court on May 19 2022 granted the Law Society permission to apply for the judicial review.

The four parties mentioned in the MLS letter are Malawi Congress Party, UTM Party, Democratic Progressive Party and United Democratic Front.

Section 27 (2) of the Political Parties Act allows political parties to solicit support from well-wishers, whether individuals or organisations, to finance their activities.

The Act compels political parties to disclose to the Registrar of Political Parties sources of their funding and any donations.