Fresh probe on party funding

Political party financing continues to come under the spotlight with Malawi Human Rights Commission (MHRC) and Centre for Human Rights and Rehabilitation (CHRR) now questioning the secrecy at a time when there is registrar of political parties.

Representatives of MHRC and CHRR expressed their frustrations during the annual Media and Access to Information Conference in Lilongwe yesterday jointly organised by the Media Council of Malawi (MCM) and MHRC.

Under Section 40(2) of the Constitution, any political party represented in Parliament that secures at least 10 percent of the national vote in parliamentary elections is eligible for State funding.

CHRR executive director Michael Kaiyatsa highlighted the inadequacies in the current enforcement mechanisms, saying the systems are not fully developed to ensure compliance with the Political Parties Act.

On the other hand, MHRC commissioner Teresa Ndanga said it was concerning that most Malawians are not aware of how much funding the political parties receive and from who despite strong public interest in this information.

In his submission, Kaiyatsa said the lack of clear regulations, enforcement guidelines and robust monitoring mechanisms for the public disclosure of political party financing create a fertile ground for corruption.

He said: “These gaps breed opportunities for corruption, undue private interests and foreign influence which undermine fair electoral and democratic processes.”

Kaiyatsa said when citizens are armed with information on party financing, they can make informed choices at the ballot box while understanding the interests behind the parties.

“The way political parties and candidates source their funding is fundamental to the health of a democracy. It influences everything from public trust and engagement to the prevention of corruption,” he said.

Ndanga, a journalist and former Media Institute of Southern Africa Malawi Chapter chairperson, said the commission is expecting parties to not only disclose details about their financing, but also use a portion of the public funds to enhance access to information to ensure that the electorate can engage meaningfully in the democratic process.

She noted that the same Political Parties Act also requires political parties to declare private funding and donations to the registrar of political parties within 90 days of receipt.

Said Ndanga: “This mandate aligns directly with the principles of the Access to Information law, promoting greater transparency and accountability.

“Such disclosures are vital in curbing corruption and preventing parties from being unduly influenced by private funders, who may seek to exert pressure once the party is in office.”

In April this year, governance expert Henry Chingaipe, in an analysis presented at a Malawi Law Society (MLS) conference, noted that lack of implementation of the regulatory framework has contributed to corruption in the public sector, especially through public procurement and contract management to generate money to finance politics.

He said failure to implement the Political Parties Act has also led to competitive clientelism where access to political power is largely based on ability to mobilise and spend money rather than ideas and capabilities for transformation, notes the analysis.

Said Chingaipe: “It enables money laundering as illicit money gets pumped into the economy through unregulated campaign financing but also promotes patrimonial and oligarchic political parties, leading to serious deficits of intra-party democracy and a bankruptcy of futuristic and progressive ideas.”

European Union (EU) Ambassador Rune Skinnebach is also on record to have faulted the sluggish implementation of the law governing party financing, saying the non-disclosure of political party funders is breeding corruption.

In 2021, MLS asked the registrar of political parties to disclose sources and amounts of money received between January 1 2019 and December 31 2020 by four major political parties, notably Malawi Congress Party, Democratic Progressive Party, United Democratic Front and UTM Party.

Section 27(2) of the Political Parties Act states that “a political party may, for purposes of financing its activities, appeal for and receive donations from any individual or organisation within or outside Malawi, provided that the source of every donation, whether in cash or in kind and whether once 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 organisation shall within 90 days of its receipt be declared to the registrar by the political party concerned”.