Lilongwe Chiwamba lawmaker Winston Kaimanjira (Malawi Congress Party) last Thursday reignited fiery debate over illicit political gifts when he moved Parliament to clarify Section 41 of the Political Parties Act of 2018, which outlaws political handouts during elections. The law failed to curb vote buying during the September 16 2025 elections. Our News Analyst WYCLIFFE NJIRAGOMA engages former Legal Affairs Committee of Parliament chairperson and Lilongwe South legislator Peter Dimba, who believes the solution lies in reviewing regulations guiding the law. Excerpts:
Q: Having been involved in passing the Political Parties Act in 2018, were there any concerns surrounding the disputed provision?
A: Indeed, I was part of the Legal Affairs Committee when this law was passed and Section 41 was controversial even then. The understanding at the time was that the regulations that would follow would provide finer details and clarity on how the provision, particularly the ban on handouts, would be enforced. The expectation was that subsidiary legislation would clarify areas that were not fully covered in the Act itself. However, when the regulations were eventually developed in 2023, they were not brought before Parliament for approval. This created the challenges we are facing today.
Q: Why do you believe that the current framework cannot effectively enforce the ban on political handouts?
A: In its current form, the law has too many grey areas and it is difficult to enforce. It creates confusion because it does not clearly define certain actions and circumstances that may constitute prohibited handouts. That is why there were many disagreements and uncertainties during the recent elections. A law that affects political participation and electoral conduct must be clear, practical and enforceable. Currently, there are challenges that we need to address through proper regulations.
Q: What exactly was problematic about the regulations used during the 2025 General Election?
A: The issue is that the regulations were not subjected to parliamentary approval. Justice Kenyatta Nyirenda, in his ruling, highlighted that regulations, which are required to go through Parliament but do not receive lawmakers’ approval, are null and void. Therefore, the regulations that were developed and relied upon during the 2025 elections face questions regarding their legal validity. This is why there is a need to redo the regulations and take them through the proper parliamentary process.
Q: Was it necessary for Lilongwe Chiwamba legislator Winston Kaimanjira to move a motion to amend Section 41 rather than suggesting revision of relevant regulations?
A: In my view, the main issue is not necessarily the section itself. Section 41 is a very short provision and the bigger challenge is the absence of clear regulations explaining how it should operate. What we need are proper regulations that would be presented before the Legal Affairs Committee and eventually have them approved by the whole House. Those regulations should address the challenges and clarify what the law intends to achieve.
Q: Do you agree with some MPs’ concerns that the law does not adequately reflect Malawi’s social and cultural practices?
A: There are several grey areas. The law needs to take into account our society’s norms, culture and traditions. For example, how can the law prohibit people from giving condolences at funerals? These are practices deeply rooted in our communities. The same applies to issues around religious freedom. The Constitution guarantees freedom of religion, yet questions have been raised about restrictions on candidates giving in churches or mosques. We need regulations that address these realities while still preventing abuse of resources to influence voters.
Q: How can Parliament strike a balance between tackling vote-buying and protecting legitimate expressions of support, faith and social responsibility?
A: That is exactly why clear regulations are necessary. The objective of the law is important. We need to prevent the use of money and material benefits to manipulate voters. However, the implementation must not unnecessarily restrict constitutional rights or normal social practices. The regulations must clearly distinguish between genuine community, religious or social responsibilities and actions intended to influence voters.
Q: Looking forward, what lessons can the nation draw from the 2025 elections?
A: The lesson is that electoral laws must be clear before elections take place. We cannot wait until campaigns are underway to start debating what the law means. Stakeholders, including political parties and electoral authorities, need certainty. That is why the regulations must be properly developed, debated and approved well before the next electoral cycle.
Q: What should Malawians expect as we look forward to credible future?
A: We expect government to bring the regulations back through the proper parliamentary process. The Legal Affairs Committee will have to scrutinise them and the plenary will have to approve them. The goal should be to produce regulations that are practical, enforceable and aligned with the Constitution. We all want to address the problem of political handouts, but we must do so in a way that strengthens democracy and respects the rights of citizens.
