Reconciling access to information and political party funding in Malawi: a comparative analysis of legislation

Abstract

Purpose The purpose of this paper was to assess the similarities and differences between the Political Parties and the Access to Information Acts in Malawi. While political parties are largely funded by donations that are frequently kept as a secret, the Access to Information Act does not include political party funding among the categories of non-disclosed information. Design/methodology/approach This paper is based on the qualitative content analysis of the legislation in Malawi. Content analysis of the two pieces of legislation was adopted. This paper is a review of the literature and an examination of Malawi's Political Parties and Access to Information Acts. The document study was supplemented by a review of related literature on the two legislations. Findings The Political Parties Act prohibits the government, ministries and departments from directly or indirectly funding political parties. The Access to Information Act to ensure information generated by Malawi government ministries, departments and agencies is readily made available by the citizens when needed or requested. The Access to Information Act does not exempt political parties from disclosing their funding sources. The two acts work in tandem to promote accountability and transparency in political party funding and sources. Research limitations/implications This study is limited to Malawi's Political Parties and Access to Information Acts. Only the South African related acts have informed the paper. However, several acts within developing countries would have greatly aided the paper. Practical implications The implementation of the two pieces of legislation has implications for the balance between disclosure and non-disclosure of political party funding. Oversight functions and credible human resource capacity are needed in both political parties and government enforcement institutions. Social implications Oversight functions by the Administrator-General through the Registrar of Political Parties and the Malawi Human Rights Commission are key to the implementation of Malawi's Political Parties and Access to Information Acts, respectively. Proper enforcement of the oversight functions is expected to result in an open, transparent and accountable Malawian society. Originality/value Various players are needed in the accountability chain to protect disclosure and non-disclosure of information. Very little information is known on the powers, functions and duties of office bearers capable of enforcing legislation to keep political parties' funding clean. Little is known on how the citizens can access information regarding political parties funding.