Enforcement challenges and ambiguity of the law banning handouts to lure the electorate have emerged as key factors motivating politicians to continue splashing such inducements, The Nation has established.
The sentiments from Malawi Law Society (MLS) and individual legal minds come at the back of the conduct of some Malawi Congress Party (MCP) officials led by Minister of Mining Ken Zikhale Ng’oma, who at a rally in Mzuzu on Sunday dished out K100 000 to four people, including two persons with albinism, for publicly declaring their support for President Lazarus Chakwera.
During the same rally, the party’s first deputy president Catherine Gotani Hara, who is also Speaker of Parliament, also invited other attendees to the podium and gave them undisclosed sums of money purportedly as a token for strongly responding to the party’s slogan.
Section 41 (1) of the Political Parties Act (PPA) of 2018 prohibits any candidate, political party or person contesting in an election from issuing handouts to induce the electorate in their decision-making.
Reacting to the continued culture of handouts amid existence of the law, University of Malawi law professor Garton Kamchedzera in an interview yesterday said the law on political handouts and its accompanying schedule has become a sham.
He observed that politicians were taking advantage of a loophole in the PPA which still has no regulations to enforce it.
Said Kamchedzera: “In 2022, there was a chance to amend the schedule or take it out altogether from the law. However, the schedule listing certain gifts as not constituting handouts was not touched.
“Politicians need a shield in case they are accused of using handouts to get political support. They knew that Malawi is a country where the hunger for money has produced moral deprivation and separation, which drive political choices and actions.”
He said the schedule, which restricts handouts to “enticement to vote”, was the largest loophole because it does not restrict political parties from “buying” members or support.
Opined Kamchedzera: “For the schedule, if one asks why those things need to be given out without breaching the law, it is clear that the intention was to continue with handouts. And those that are dishing out money know this.
“There is a need for a resolve to root out handouts and use the law effectively to realise that.”
But in a separate interview yesterday, MLS honorary secretary Gabriel Chembezi insisted that even in the absence of the regulations, those issuing handouts can still be prosecuted and punished.
He said if cash was not meant to cover the expenses of the entourage of the party or potential candidates, but given to random party supporters or individuals at the rally, it is tantamount to handouts.
Said Chembezi: “As a [law] society, it is still our position that notwithstanding the absence of the regulations, those who give handouts can still be prosecuted and punished in accordance with the law as the schedule to the Act gives a clear guideline of what does not constitute handouts.”
On his part, private practice lawyer and academic John-Gift Mwakhwawa said going by what the country witnessed during political party conventions last year, it is not automatic that handouts can influence a party or individual to win an election.
The regulations, currently being developed by a team Reference Group led by Registrar of Political Parties Kizito Tenthani, are expected to be completed and tabled in Parliament during the budget sitting which opens on Friday.
In an earlier interview, Tenthani said the issue of handouts is an area requiring regulations so that people understand what handouts are within the confines of the law.
Under Subsection (3) of the PPA, a person who contravenes Subsection (1) commits an offence, and shall, upon conviction, be liable to a fine of K10 million and five year’s imprisonment.
In the run up to the 2019 Tripartite Elections, barely a year after the passing of the law, no politician was brought to book for dishing out money or gifts to the electorate. However, there were guidelines against announcing amounts of condolence money contributed by aspiring candidates during funerals in their respective areas.
