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).

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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 24 Oct 2007).

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.

 
 

Political parties