Malawi to review, not amend, political handouts law after MPs raise implementation concerns - Malawi News | Breaking News, Politics, Business & Sports | Nyasa Times
Regulations governing the provision of the Political Parties Act that prohibits political handouts are set for review, after government and MPs agreed that clarifying the rules would be more appropriate than. . .
Regulations governing the provision of the Political Parties Act that prohibits political handouts are set for review, after government and MPs agreed that clarifying the rules would be more appropriate than immediately amending the law. Dimba: How can the law prohibit people from giving condolences at a funeralThe agreement follows concerns raised in Parliament over the implementation of Section 41 of the Political Parties Act, a provision that has remained contentious since the legislation was enacted in 2018. Peter Dimba, former chairperson of the Legal Affairs Committee and MP for Lilongwe Phiri La Njuzi, told the House that the provision had always been intended to operate alongside subsidiary legislation providing clear guidance on its implementation. Dimba said regulations drawn up in 2023 were never presented to Parliament for approval, rendering them invalid and creating significant difficulties in enforcing the law. “The law in its raw form cannot really be enforced. It is quite cumbersome and chaotic, and that is why during the recent general elections it caused so much confusion,” he said. He added that a ruling by Justice Kenyatta had made clear that regulations not tabled and approved by Parliament are null and void — meaning the regulations relied upon during the 2025 general elections lacked any legal standing. Dimba said the current law also left several areas in need of clarification, particularly around cultural practices and constitutional freedoms, citing the giving of condolences at funerals and religious offerings in churches and mosques as examples. “How can the law prohibit people from giving condolences at a funeral? How can it curtail the constitutional freedom of members of Parliament or candidates to express their faith by giving in church or in a mosque?” he asked. Rather than amending Section 41 — a brief provision within the Act — Dimba argued Parliament should instead focus on developing comprehensive regulations that clearly define what constitutes a prohibited political handout, while still respecting constitutional rights and existing societal practices. Responding to the concerns, Minister of Natural Resources Patricia Wiskes said government supported the need to address the challenges surrounding Section 41, but believed reviewing the regulations, rather than the law itself, was the appropriate approach at this stage. Wiskes said regulations offered greater flexibility in resolving the practical difficulties associated with implementing the law, without the need to immediately alter the principal legislation. “As a government, we are not against the motion itself or its objective. What we are against is the mechanism that the private member’s motion is using to correct the concerns that have been raised,” she said. She said any amendments to the Act should only be considered once it had been established whether revised regulations had adequately addressed the concerns raised by lawmakers and political stakeholders. Wiskes said government recognised the importance of laws remaining practical and responsive to conditions on the ground, adding that Parliament had a number of legal avenues available to improve legislation without resorting to amendment. “Revising the actual law itself should be the last resort. We feel it is better that the regulations should come to Parliament first and members should have an opportunity to review them,” she said. The debate over Section 41 comes amid ongoing discussions about how best to balance efforts to curb vote-buying with the protection of citizens’ constitutional freedoms and cultural practices. The Speaker of Parliament rejected the motion to revise or amend the law, but directed the Legal Affairs Committee to examine the matter further and report back its findings within 14 days. Follow and Subscribe Nyasa TV :