Political Finance Database

The law allows a political party for purposes of financing its activities, to appeal for and receive donations from any individual or organisation within or outside Malawi

The law is silent on corporate organisations as sources of political finance. However, the implication is that a political party may receive corporate donations as long as the amount received is not over and above the limit of K 2,000,000.

The Secretary General of a Political Party is enjoined to disclose to the Registrar of Political Parties the source of any donation (cash or kind), that received from an individual or organisation local or foreign, and to do so within 90 days of receipt of the donantion

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

The law does not make a distinction between electoral and non-electoral period. However, it prescribes limits for individual donors and organisational donors

The law does not make a distinction between electoral and non-electoral period. 

Note that the law does not distinguish between election period and non-election period

Value of in-kind donations is counted towards any donation received by political party. The limit on in-kind donations is the monetary value of K 1,000,000 if it is from an individual donor and K 2,000,000 if the inkind donation is from an organisation

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

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."

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. "

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."

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. "

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 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".

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."

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."

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

"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"

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

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."

"(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. "

"(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. "

"(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. "

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."