Malawi: Party registration

Updated June 2006

Party registration is regulated by the Political Parties (Registration and Regulation) Act of 1993 as amended by the Statute Law (Miscellaneous Amendments) (No 2) Act of 1996. Political parties are broadly defined in law as "a combination of persons who have constituted themselves for political purposes" (Political Parties (Registration and Regulation) Act 1993, 2). No groups of people or political parties may engage in campaigning unless registered in terms of the Act (Political Parties (Registration and Regulation) Act 1993, 17). However, as Nixon Khembo and Eric Mcheka (2005, 19) observe:

It is easy for parties in Malawi to emerge, merge, disintegrate or form alliances and coalitions. The cost of party formation and access to electoral contest is low, and the legal threshold for political parties is liberal.

The Political Parties (Registration and Regulation) Act (1993, 3-4) provides for the provision of a Registrar of Political Parties appointed by a Minister and charged with the maintenance of a political party register. In 2004, according to Chirwa et al (2004, 72), this function was lodged with the Registrar General. Parties with 100 or members who are citizens of Malawi and of voting age may apply for registration by submitting the following (Registration and Regulation) Act 1993, 5):

  • The party name.
  • Two copies each of the constitution, rules and manifesto of the party.
  • The address of its office.
  • A list of names and addresses of party leaders and office bearers signed by each.
  • A list of names and addresses of 100 party members signed by each.
  • Any information the Registrar may require to ensure compliance with the Act.

On registration of a party the Registrar must issue a certificate, which must be displayed at the office of the party concerned, and stamped copies of the constitution, rules and manifesto; a notice of registration must be published in the Gazette (Political Parties (Registration and Regulation) Act 1993, 6).

Refusal of registration

The Registrar may refuse to register a party, by issuing a written notice giving reasons for refusal, if (Political Parties (Registration and Regulation) Act 1993, 7):

  • The application is not in conformity with the Act.
  • The name of the party is the same or similar to another registered or deregistered party, denotes a religious faith or is offensive or illegal.
  • The goals of the party are unlawful.

Refusals of registration may be appealed against to the High Court within 21 days of receiving the notice (Political Parties (Registration and Regulation) Act 1993, 8).

Cancellation of registration

The Registrar may cancel the registration of a party if (Political Parties (Registration and Regulation) Act 1993, 9(1)):

  • The party office bearers request cancellation.
  • The registration was made by fraud or error.
  • The party has aims which are unlawful.
  • The membership of the party has fallen below 100 people.
  • The party fails to comply with the Act after the Registrar has served it with notice to do so.
  • The party has ceased to exist.

Twenty-one days before cancellation of registration the Registrar must notify the party of the intention and reason for the cancellation, unless the cancellation is at the request of the party or it is a case of non-compliance with the Act (Political Parties (Registration and Regulation) Act 1993, 9(2)). Once registration has been cancelled a notice to that effect must be published in the Gazette (Political Parties (Registration and Regulation) Act 1993, 9(3)).

An office bearer of the party may appeal to the High Court against the cancellation within 21 days of the notice of intention being issued (Political Parties (Registration and Regulation) Act 1993, 10(1)). If the registration was cancelled at the request of the party, or because the Registrar believes the party has ceased to exist, a party member may appeal to the High Court against the cancellation within 14 days of the publication of the notice in the Gazette (Political Parties (Registration and Regulation) Act 1993, 10(2)).

Information disclosure and confidentiality

A registered party must notify the Registrar of any changes to its office address, office bearers or their details, or amendments to its constitution, rules or manifesto within seven days of the change (Political Parties (Registration and Regulation) Act 1993, 11, 12(1)). Amendments cannot take effect until they have been approved by the Registrar and the party has been issued with stamped copies (Political Parties (Registration and Regulation) Act 1993, 12(2)).

Amendments that would render the goals of the party unlawful or that are in contravention of the Act may be rejected by the Registrar in writing, with reasons for the rejection supplied (Political Parties (Registration and Regulation) Act 1993, 13(1)). A party may appeal to the High Court against such a rejection within 14 days of notification (Political Parties (Registration and Regulation) Act 1993, 13(2)).

The Registrar is empowered by the Act to request copies of documents issued by a party or records kept by it (Political Parties (Registration and Regulation) Act 1993, 14). The Registrar is prohibited from disclosing any information publicly other than the name, address and details of a party's office bearers, unless the information discloses an offence under the Act (Political Parties (Registration and Regulation) Act 1993, 15).

References

CHIRWA, W, PATEL, N & KANYONGOLO, F 2004, Democracy Report for Malawi, International IDEA, [www] http://www.idea.int/publications/sod/upload/Malawi.pdf [PDF document, opens new window] (accessed 22 Feb 2010).

KHEMBO, N & MCHEKA, E 2005, "Political Parties, Regionalism and Conflict" IN KHEMBO, NS (ed) Elections and Democratisation In Malawi: An Uncertain Process, EISA Research Report No 10.

POLITICAL PARTIES (REGISTRATION AND REGULATION) ACT NO 15 OF 1993.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO 2) ACT OF 1996.