Mist remains on party funding

Malawi Law Society (MLS) says it will seek further directions from the court on its demand for information on sources of financing for political parties during the court-sanctioned 2020 fresh presidential election.

The move comes after the High Court of Malawi gave Registrar General Chikumbutso Namelo, who doubles as Registrar of Political Parties, up to April 26, yesterday, to look into the possibility of furnishing the MLS with information on political party sponsors.

But MLS honorary secretary Gabriel Chembezi, who is on record to have said that they would end the judicial review case should they get the requested information as per instructions of the court, said in a response to a questionnaire that the society met the Registrar of Political Parties on April 25 2023 and that they will go back to court.

He said: “We are now digesting what the registrar said at the April 25 meeting and then we will go back and report to court and get further directions on the conduct of the case as soon as possible.”

However, Chembezi clarified that the court did not make an order compelling the Registrar of Political Parties to disclose information within 21 days, but that when they went to court on March 27 2023, the court allowed a request for an adjournment to allow him more time to explain the status of some of the issues in the case before hearing of the judicial review application starts.

In an earlier interview after the March 27 court appearance, the honorary secretary had said: “The case was going for substantive judicial review hearing, but on that date the registrar cited administrative issues. You know there is no Registrar of Political Parties, he is the Registrar General and doubles the roles. So, he requested 21 days to sort out the issues.

“The Registrar of Political Parties said they would see if they can manage to furnish MLS with information on political party sponsors. So, the court granted that. If they had managed to provide the information within 21 days, we would just go back to the court to inform them that we have been given the information and the case ends there.”

In case of failure to provide that information, Chembezi said the court will proceed to hear the judicial review application and substantive issues and come up with a determination.

Attorney General (AG) Thabo Chakaka-Nyirenda said in an interview yesterday that his office sought an adjournment because there were some developments which if brought to the attention of the claimant, MLS, may have compelled it to reconsider its position on the matter.

He said: “The court allowed an adjournment for parties to meet and discuss the possible ways of resolving the dispute. The meeting took place and parties agreed on the best possible way in resolving the dispute in the matter.

“Parties further resolved to appear and update the court on the progress of the matter and get further directions, if any.”

The situation follows the judicial review case MLS commenced in the High Court of Malawi for hearing of substantive issues, but lawyers representing the registrar asked for more time to show the lawyers’ body progress made on the issue.

Presiding High Court of Malawi Judge Mike Tembo gave the registrar 21 days to provide the details.

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

But the Registrar of Political Parties 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.

In October 2022, the High Court dismissed an application by the Registrar of Political Parties to discharge permission for judicial review sought by MLS  because it did not pay K20 000 to access the information as required by law.

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.

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.