Gender debate resurfaces

not just numbers. | Nation
Implementation of the Gender Equality Act of 2013 continues to fall short with successive political administrations failing to adhere to the 60/40 requirement in appointments to public office, The Nation assessment shows.
Former president Lazarus Chakwera came under the spotlight for failing the gender test in September 2020, barely three months after ascending to the presidency in the June court-sanctioned fresh presidential election.
This time around, Chakwera’s predecessor-cum-successor President Peter Mutharika appears to have fallen in the same trap if the assessment of recent public appointments is anything to go by.
Recent diplomatic and parastatal board appointments are falling below the minimum gender threshold required under the Gender Equality Act of 2013, exposing what women’s rights advocates describe as persistent non-compliance with a law meant to guarantee balanced representation in public institutions.
The Nation analysis has found that women account for about 35 percent of recent diplomatic appointments and barely 18 percent of positions in parastatal boards from a sample of 500 appointees.
Women also make up about 23 percent of Parliament and just 25 percent of Cabinet ministers, all below the Gender Equality Act requirement that public institutions maintain between 40 and 60 percent of either gender.
The findings have triggered renewed scrutiny over whether appointing authorities are complying with a law that has been in force for more than a decade.
Writing on Facebook, Professor Nyovani Madise queried the lack of adherence to Section 11 of the Gender Equality Act, noting that in some cases women representation was as low as 10 percent.
She said: “I am failing to identify any board, committee, body that has complied with the law. Malawi Human Rights Commission, as the protector of gender equality, the Ombudsman, Honourable Minister of Gender, please do your jobs. Don’t allow this practice to bed in.”
In an interview yesterday, Malawi Human Rights Commission (MHRC) executive secretary Habiba Osman said the commission remains concerned whenever public appointments fail to reflect both the spirit and legal requirements of the Gender Equality Act.
She said the law, read together with Section 24 of the Constitution, makes gender representation a constitutional and legal obligation, not a discretionary target.
“Representation is not simply about numbers; it is about fairness, inclusion, legitimacy and compliance with the law. Public institutions must reflect the society they serve,” said Osman.
She said the commission engages appointing authorities, conducts monitoring and gender audits, issues public statements and can pursue further accountability measures.
Meanwhile, Ministry of Gender, Children, Disability and Social Welfare spokesperson Linda Moyo said the ministry has written parastatals requesting gender breakdowns of their institutions, with some already responding.
Presidential press secretary Cathy Maulidi was not available for comment by press time.
In September 2020, Chakwera’s administration came under fire from gender advocates and Malawi Law Society for failing to fulfil the Gender Equality Act in the appointment of people into various parastatal boards.
Malawi signed progressive human rights instruments on women’s rights and gender equality, but there is little progress. These include the Convention on Elimination of All Forms of Discrimination Against Women, African Protocol on Women’s Rights and Sadc Protocol on Gender and Development



