Malawi: Party registration (continued)

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).

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Reference

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

 
 

Political parties