Malawi
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
No
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
No
|
3. Is there a ban on corporate donations to political parties? |
Code
No
|
4. Is there a ban on corporate donations to candidates? |
Code
No
|
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
|
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
|
7. Is there a ban on anonymous donations to political parties? |
Code
No
|
8. Is there a ban on anonymous donations to candidates? |
Code
No
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
|
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Source
"Every political party may, for the purpose of financing its campaign, appeal for and receive voluntary contributions from any individual or any non-governmental organization or other private organization in or outside Malawi." (Article 66, Parliamentary and Presidential Elections Act 31/1993,1993). |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
Source
"Every political party may, for the purpose of financing its campaign, appeal for and receive voluntary contributions from any individual or any non-governmental organization or other private organization in or outside Malawi." (Article 66, Parliamentary and Presidential Elections Act 31/1993,1993). |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
No data
|
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
No
|
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? |
Code
Not applicable
|
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
No
|
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
No
|
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Not applicable
|
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
No data
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
No
|
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
"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." (Section 40(2), the Constitution of the Republic of Malawi,1994). |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Share of votes in previous election
Source
"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." (Article 40(2), the Constitution of the Republic of Malawi,1994). |
30. What is the allocation calculation for political parties to receive public funding? |
Code
No data
|
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No
|
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
"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". (Article 63(2), Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013). |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
"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". (Article 63(2), 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? |
Code
Yes
Comment
Provisions contained in Part V of the Parliamentary and Presidential Elections Act governing the campaigning of political parties apply mutatis mutandis to the campaigning of independent candidates. Source
"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." (Article 66A, Parliamentary and Presidential Elections Act 31/1993,1993 as completed by Act 10/2013). "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". (Article 63(2), 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? |
Code
Yes
Source
"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." (Article 65, 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? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
"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." (Article 115(c)x, Parliamentary and Presidential Elections Act 31/1993,1993). |
39. Are there limits on the amount a political party can spend? |
Code
No
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
|
41. Are there limits on the amount a candidate can spend? |
Code
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Source
"No political party or candidate shall be entitled to make commercial advertisement for its campaign." (Article 63(1)d, 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? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
No
|
48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
No
|
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
No
|
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
No
|
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No
|
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
No Institution specified
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
No institution specified
|
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
No data
|
58. What sanctions are provided for political finance infractions? |
Code
None
|
