Malawi Human Rights Commission (MHRC) has asked the police to investigate and prosecute the Ministry of Foreign Affairs for violating the Access to Information (ATI) Act.
In a letter to the Police Inspector General dated November 21 2024, MHRC accuses the ministry of unlawfully refusing to disclose requested information, an offence under Section 53 of the ATI law.
The complaint follows the ministry’s refusal to provide information requested by Nation Publications Limited (NPL) journalist Suzgo Chitete in September 2023.
Reads the letter in part: “The commission requests your office to take immediate steps to investigate the ministry, through its Principal Secretary, for its non-compliance with the ATIA.
“This is a necessary measure to uphold the rule of law and ensure accountability in the handling of public information.”
Chitete had sought details about diplomatic appointments and staffing within the Ministry of Foreign Affairs, citing his constitutional right to access public information.
While the ministry initially promised partial disclosure, it later withdrew the commitment, citing national security concerns.
Following the ministry’s refusal, Chitete petitioned the MHRC for a review. Under the ATI Act, the MHRC holds the mandate to oversee and review decisions made by public information holders.
On April 30 2024, the commission ruled that the ministry should release the requested information, deeming the national security justification insufficient.
However, despite multiple reminders from the MHRC and Chitete, the ministry has not complied with the ruling.
In its letter, MHRC emphasised that the Ministry’s refusal to comply undermines the rule of law and accountability in public office.
“This prolonged inaction constitutes a serious breach of the Access to Information Act and a direct violation of transparency principles,” states MHRC chairperson Chikondi Chijozi in the letter.
Copies of the complaint have been sent to the Director of Public Prosecutions, the Chairperson of Parliament’s Media, Information, and Communications Committee, and the Secretary for Information.
Meanwhile, National Police spokesperson Peter Kalaya has confirmed that the letter reached the IG’s office.
Media Institute of Southern Africa (Misa)-Malawi Chapter has hailed MHRC for its continued push “for adherence to the law”.
In a response to our questionnaire, Misa-Malawi chairperson Golden Matonga said: “We are hugely concerned by the attitude of the ministry in this matter. The law needs to be respected and the actions of the ministry display total lack of respect for both the spirit and letter of the law.”
