The concentration of power in Malawi’s presidency is stifling oversight institutions and rendering Parliament incapable of functioning independently, despite its constitutional mandate to hold the Executive accountable, a global report has warned.
The Bertelsmann Stiftung’s Transformation Index (BTI) Malawi 2026 Country Report observes that the presidency wields extensive powers that undermine checks and balances, resulting in a “less-than-satisfactory” democratic system.
Published biennially by Bertelsmann Stiftung—one of Germany’s largest non-profit think-tanks—the report evaluates democracy, market economy, and governance across 137 developing and transition countries. This 11th edition covers developments from February 1 2023 to January 31 2025, during former president Lazarus Chakwera’s Malawi Congress Party (MCP) administration.
Parley subservient to Executive
According to the report, since Malawi’s transition to multiparty democracy in 1994, Parliament has remained largely subservient to the Executive. This raises critical concerns about its ability to scrutinise government decisions and enforce accountability without executive pressure.
“The Constitution prescribes the separation of powers among the three arms of government. However, the powers given to the presidency are extensive and, in effect, undermine the intended system of checks and balances. This is the main reason electoral competition for the presidency is so fierce,” the 39-page report reads.
While the country maintains the outward structures of democracy, the report reveals that critical debates on bills and budgets are effectively “quarantined” within parliamentary committees. Dissenting views rarely survive the leap to plenary motions, leaving the floor largely toothless.
Appointments trap
This imbalance is rooted in the presidency’s long-standing control over key appointments. By hand-picking leaders for the Judiciary, oversight bodies, and public institutions, the Executive has fostered a culture of dependence that stifles independent decision-making.
This “appointment trap” fundamentally weakens the very agencies tasked with investigating corruption and enforcing accountability.
The report traces this centralisation of authority back to the one-party rule of Dr. Hastings Kamuzu Banda. Despite the 1994 transition to multipartyism, the Constitution retained sweeping presidential powers over public resources and legislative influence. Successive administrations—from Bakili Muluzi to Peter Mutharika—have been accused of leveraging these powers to undermine institutional autonomy.
Experts argue the consequences are tangible: corruption cases have stalled, audit findings are routinely ignored, and parliamentary recommendations are sidelined even in the face of clear evidence. Despite various attempts at constitutional reform, progress remains deadlocked by political self-interest within both the executive and the legislature.
Parley allure
The BTI report indicates that corrupt behaviour and abuse of office are deeply ingrained within Malawi’s political and civil service culture, with some parliamentary candidates openly citing economic gain as their primary motivation over public service.
This systemic issue, compounded by an excessively powerful presidency and a weak separation of powers, severely undermines democratic institutions, rendering the functioning of the state’s democratic system less than satisfactory.
Reacting to the report, Government spokesperson and Minister of Information Shadric Namalomba dismissed the findings, arguing that they lacked empirical evidence to support the claim that the presidency undermines checks and balances.
“While this may have been the case under the MCP government, it is different under DPP rule,” Namalomba stated.
He added: “President Professor Arthur Peter Mutharika respects the rule of law and maintains that all three arms of the state are equal.”
Namalomba noted that Parliament has been empowered through capacity-building programmes and operates free from Executive influence.
Parliament spokesperson Ian Mwenye added that they have noted the BTI report’s findings, emphasising that such assessments are vital for democratic discourse. However, Mwenye pointed out that significant, measurable steps have been taken recently to enhance Parliament’s constitutional effectiveness.
“The enactment of the Constitution (Amendment) Act of 2021 and the Parliamentary Service Act of 2021 marked a significant milestone in strengthening our institutional independence,” Mwenye said. He added that these reforms, supported by collaboration across government branches, reflect a shared commitment to democratic governance.
Mwenye further explained that Parliament continues to exercise active oversight, highlighting recent developments such as presidential support for PAC inquiries and the parliamentary referral of matters of national interest, including the investigation into the Chikangawa plane crash.
Robust power balance
University of Malawi political science expert Gift Sambo argues that the nation’s key institutions maintain a robust balance of power. Sambo points to the Judiciary as one of the country’s most defiant bodies, noting that the historic nullification of the 2019 presidential election proved executive power has a hard ceiling.
While the Constitution arms Parliament with the tools for autonomy, Sambo notes that their “teeth” often depend on the political weather: oversight thrives in a split house but thins out when a ruling party holds a supermajority.
Ultimately, Sambo contends the presidency is no “Leviathan,” but rather an office hemmed in by a resilient system. This institutional friction explains why, since 1994, no president has successfully ousted a rebellious Vice-President or overturned an electoral defeat. Even as neighbouring leaders tear up term limits, Malawi’s Executive boundaries have held firm.
“We must stick to what we have; currently, there are no sufficient grounds to warrant reforms in this area,” Sambo argued.
Anti-graft system flop
However, political and governance expert Mavuto Bamusi who is president of the Political Science Association countered this stance, warning that Malawi’s anti-corruption systems are failing to function effectively.
Bamusi, who serves as the spokesperson for the Political Science Association of Malawi, cited a “deepened system of patronage” during the 2023–2025 Bertelsmann Stiftung’s Transformation Index (BTI) reporting period. He specifically highlighted procurement failures in the agriculture sector—including an infamous case where fertilisers were nearly purchased from a butchery—and the appointment of unqualified individuals to public office.
Bamusi argued that parliamentary failure to provide oversight has led to serious executive overreach and judicial corruption. To address these gaps, he called for urgent reforms to ensure parliamentary independence in financing and budgeting.
“Parliamentary committees must be granted more autonomy to insulate them from executive interference,” he said, further advocating for a “robust modernisation strategy” to automate functions and bring the Legislature closer to the people.
