Concerned creatives have written President Lazarus Chakwera not sign into law two arts Bills until some processes are exhausted.
The Bills in question are the Companies, Registrations and Intellectual Property Centre Bill of 2025 and Copyright Act (Amendment) Bill of 2025.
The Bills provide for the establishment of the Intellectual Property Centre to administrater copyright, a task previously undertaken by Copyright Society of Malawi (Cosoma).
The position paper said the proposed restructuring suggested in the Bill weakens rather than strengthening Malawi’s already under-resourced creative industry ecosystem.
It further said while the intention to improve intellectual property management is welcome, the process and proposed structure raise significant concerns. The creatives claim that Cosoma staff members were not meaningfully consulted in drafting the Bills.
Reads the paper: “Without a dedicated Arts and Culture Desk or an explicit commitment to sector-focused support, the shift risks further marginalising creative practitioners.
“This paper calls on the State President to withhold assent[ing] to the Bills until broad-based stakeholder consultations have been conducted and the structural gaps addressed. Reform must build on existing creative infrastructure, not bypass it.”
The stakeholders say the status quo has resulted in Cosoma’s role being significantly weakened, mis-characterisation of the proposed “new body”, duplication, institutional confusion and lack of clear transition strategy.
In an interview on Wednesday, sector stakeholders lead and arts advocate Chigo Gondwe said they want the Bills to be redrafted to reflect the voices, needs and interests of the sector.
“We want Cosoma to retain copyright rather than diluting Cosoma’s mandate and weakening the sector. Government should strengthen Cosoma’s capacity by establishing a dedicated IP and Copyright Desk and upskilling its staff in line with the MW2063 goal of human capital development,” she said.
Gondwe said since the President is yet to assent to the Bills, it is still tenable to have their proposals included. She said, Malawi’s Constitution does not bar people from repealing laws that may have been passed without due procedures.
The paper was submitted to the Secretary to the President and Cabinet with copies to the special adviser to the President on creative industries Q Malewezi, Cosoma executive director, the registrar general and other key officials critical to decision-making of the Bills.
Malewezi acknowledged receipt of the position paper. He said at the moment, they are gathering insights from relevant stakeholders, including Cosoma and the Ministry of Justice.
“To ensure that any position taken is well-informed and reflective of the broader sector, we are treating this matter seriously,” he said.
