Malawi

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo
  • Comment
  • Source
2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment
  • Source
3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source
4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
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7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
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8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
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9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    Art. 27. "(3) A political party shall not be eligible to receive donations from state owned corporations."

  • Source

    Political Parties Act, 2018

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    Art. 27. "(3) A political party shall not be eligible to receive donations from state owned corporations.

  • Source

    Political Parties Act, 2018

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeNo
  • Comment
  • Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
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15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
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17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
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19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    Art 27. "(4) A political party may perform any lawful activities for the purpose of raising funds for the party."

  • Source

    Political Parties Act 2018

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeYes
  • Comment

    Art 28. "A political party shall ensure that all donations received by the party under section 27 in the form of money are deposited into a separate bank account held in the name ofthe political party."

     

  • Source

    Political Parties Act 2018

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly
  • Comment

    Section 40 (2) "The State shall, where necessary, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency."

    "PART V- FINANCES OF POLITICAL PARTIES  21.-( I) A political party which has secured more than one-tenth Entitlement to of the nattonal vote in parliamentary elections shall be entitled to be State funding provided with funds by the State to ensure that, during the life of any Parliament, the party has sufficient funds to continue to represent its constituency. "

     

  • Source

    The Constitution of the Republic of Malawi,1994

    Political Parties Act, 2018

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of votes in previous election
  • Comment

    Art 40 (2) "The State shall, where necessary, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency."

    "PART V- FINANCES OF POLITICAL PARTIES  21.-( I) A political party which has secured more than one-tenth Entitlement to of the national vote in parliamentary elections shall be entitled to be State funding provided with funds by the State to ensure that, during the life of any Parliament, the party has sufficient funds to continue to represent its constituency."

     

  • Source

    The Constitution of the Republic of Malawi,1994

    Political Parties Act, 2018

30. What is the allocation calculation for political parties to receive public funding?
  • CodeNo data
  • Comment
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities
  • Comment

    "PART V- FINANCES OF POLITICAL PARTIES
    21.-( I) A political party which has secured more than one-tenth Entitlement to of the nattonal vote in parliamentary elections shall be entitled to be State funding provided with funds by the State to ensure that, during the life of any Parliament, the party has sufficient funds to continue to represent its constituency. (2) The provision of funds to political parties by the State shall be made quarterly. 22.-( I) A political party shall use funds received from the State Uses of State for any of the followmg purposes- funding (a) promotmg the representation of the party in Parliament; (b) promoting active participation of individual citizens 10 political life: (c) covering of the election expenses of a political party and the broadcasting of the policies of the political party; (d) the organization by the party of civic education in democracy and other political processes; and (e) admimstrative and staff expenses of the party. (2) The funds rece1ved from the State shall not be used for personal"

  • Source

    Political Parties Act, 2018

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Art 63 (2) "The Commission may, by arrangements with the Malawi Broadcasting Corporation, allocate time on the television and radio during which political parties may be allowed to speak in campaigning for an election and the Commission shall allocate equal time to every political party".

    "Art 24 (2) A political party shall have the right to equitable and balanced coverage during presidential. parliamentary and local government elections by the Malawi Broadcasting Corporation established under the Communications Act and every media organization funded by the Cap. 68:01 State. "

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013

    Political Parties Act, 2018

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeEqual
  • Comment

    Art 63 (2)"The Commission may, by arrangements with the Malawi Broadcasting Corporation, allocate time on the television and radio during which political parties may be allowed to speak in campaigning for an election and the Commission shall allocate equal time to every political party".

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    Art 66A"The provisions of this Part shall apply, mutatis mutandis, in relation to the campaigning by independent candidates for election to the office of the President and candidates for election as Member of Parliament."

    Ar 63 (2) "The Commission may, by arrangements with the Malawi Broadcasting Corporation, allocate time on the television and radio during which political parties may be allowed to speak in campaigning for an election and the Commission shall allocate equal time to every political party".

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013

35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment

    Art 65 "The District Commissioner shall designate places or spaces in parts of his district on which may be posted or affixed campaign materials of political parties and every political party shall be entitled to equal access to such place or space."

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993,1993

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    Art 115 (c) "A person who (...) directly or indirectly, dismisses or threatens to dismiss another person from any employment or other gainful occupation or prevents or threatens to prevent another person from obtaining any employment or other gainful occupation or from continuing in any gainful occupation or applies or threatens to apply any sanction whatsoever to another person in order to induce that other person to vote for, or because that other person voted for, a particular candidate or a candidate of a particular political party or because that other person voted for or did not vote for a particular candidate or a candidate of a particular political party or because that other person abstained from voting."

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
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40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
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42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeYes, for political parties | Yes, for candidates
  • Comment

    Art 63 (1) d "No political party or candidate shall be entitled to make commercial advertisement for its campaign."

     

  • Source

    Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    "23.--( I) A political party which receives funding from the State (...) (b) keep proper books and records of accounts in relation to State funds, and shall balance its accounts for that year and produce statements of final accounts within six months after the end of each financial year; and (c) submit the final accounts to the Registrar who shall forward a copy of the accounts to the Auditor General and the Clerk to the National Assembly"

  • Source

    Political Parties Act, 2018

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment
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49. Do candidates have to report on their election campaign finances?
  • CodeNo
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50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
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51. Is information in reports from political parties and/or candidates to be made public?
  • CodeSometimes
  • Comment

    Art. 31. "A political party shall, at least once every year, make avai!able to its members all financial records ofthe party."

  • Source

    Political Parties Act, 2018

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNo data
  • Comment
  • Source
53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Art. 27.- (2)A political party may, for the purposes of financing its activities, appeal for, and receive donations from, any individual or organization. within or outside Malawi: Provided that the source of every donation, whether in cash or in kind and whether once off or cumulatively, with a monetary value of at least KI,000.000 from an individual donor and of at least K2,000,000 from an organization shall within ninety days of its receipt, be declared to the Registrar by the political party concerned.

     

    Art 29. "(I) A political party shall ensure that the ownership of all donations received by the party under section 27 in the form ofassets arc vested in the name ofthe party. (2) A political party shall, on the date of its application for registration and thereafter after every five years, declare the assets owned by the political party to the Registrar in the prescribed form."

  • Source

    Political Parties Act, 2018

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNo
  • Comment
  • Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeMinistry | Auditing agency | Other
  • Comment

    "(3) The Auditor General or the auditor appointed under subsection (2), shall present a report of the audited accounts to(a) the Registrar; (b) the political party concerned; and (c) the Secretary to the Treasury. (4) Upon considering the report presented under subsection (3), the Registrar may recommend to the Secretary to the Treasury to disallow any item of expenditure which is contrary to this Act. "

  • Source

    Political Parties Act, 2018

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeMinistry | Auditing agency | Other
  • Comment

    "(3) The Auditor General or the auditor appointed under subsection (2), shall present a report of the audited accounts to(a) the Registrar; (b) the political party concerned; and (c) the Secretary to the Treasury. (4) Upon considering the report presented under subsection (3), the Registrar may recommend to the Secretary to the Treasury to disallow any item of expenditure which is contrary to this Act. "

  • Source

    Political Parties Act, 2018

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeOther
  • Comment

    "(5) The Secretary to the Treasury shall have power to(a) surcharge the amount of any expenditure disallowed on the party: (b) surcharge any sum which has not been duly brought into account on the party; (c) surcharge the amount of any loss or deficiency occasioned by the negligence or misconduct of any person on the party; or (d) set off the amount irregularly spent against any allocation that may be or may become payable to the party."

    "24.-( 1) The Secretary to the Treasury may. on the State funding recommendation of the Registrar, suspend the allocation of funds to a political party if the party has failed to comply with any requirement under this Part. (2) Where the Secretary to the Treasury intends to suspend the provision of funds to a political party pursuant to subsection ( l ), by the State, he sball(a) by written notice inform the party of the intended suspension and the reasons for the suspension; and
    (b) request the party to give reasons in writing within a period specified in the notice why the provision of funds by the State should not be suspended. "

  • Source

    Political Parties Act, 2018

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Suspension of public funding
  • Comment

    Art 27. "(6) A secretary general of a political party who­ (a) fails to comply with subsection (2); or (b) gives false information in relation to donations received by a political party under subsections (2), commits an offence and shall, upon conviction, be personally liable to a fine equal to the amount of the funds or the value of the assets not declared or in relation to which false information was given, and to imprisonment for two years."

     

    Art 23. "(7) Any sum surcharged on a political party shall be payable to the Registrar within one month ofthe written notification of the surcharge to such party, or in the case of an application under subsection (6). within one month of the decision of the High Court if such decision confirms the surcharge and shall be recoverable as a debt to the Government."

     

    Art 24. "( 1 ) The Secretary to the Treasury may. on the recommendation of the Registrar, suspend the allocation of funds to a political party if the party has failed to comply with any requirement under this Part."

  • Source

    Political Parties Act, 2018

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