Mutharika Makes Another Promise On ATI Bill

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President Peter Mutharika continues to make promise of taking Access to Information Bill to National Assembly but this time around says this will happen "at some point" in this 46th Session.

Since he was elected the president of Malawi, Peter Mutharika has made number of promises to enact the ATI bill. Most recent similar pronouncement was made in Salima district where he said the bill was finalised and ready for tabling during the First Meeting of 46th Session of National Assembly. However, Week before National Assembly Meeting his minister of Information, began to issue statements which contradicts president promise and the bill never went to the Assembly.

When Mutharika was speaking to Journalist at Kamuzu Palace in Lilongwe on Monday afternoon he said his Government is not fighting against the bill and will not “take deadlines” from anybody of when to have the bill enacted 

Again, Mutharika made usual promise when asked of the progress of resolving inconsistencies which Government said was main impediment to take the bill during just ended National Assembly meeting.

But this time around using a word ‘at some point’ for more than twice, he said the bill will be passed in this 46th Session of National Assembly but after Cabinet Committee on Legal matters addresses all inconsistencies.

He mentioned that there are number of provisions in the bill which his administration finds to be inconsistence.

“There are number of issues in the Bill. We have for example provision in the Bill which says that the bill will cover any information that happen before the bill was enacted.” indicates Mutharika

While stating that the provision is against principle of common law (called ex post facto law), which prohibits application of a legislation to things happened before it was adopted, maintained that he wants law take effect on the matters happening from the day he assent the bill.

“There is another one” he added “It says that, in future no parliament can ever repeal this law… But parliament is sovereign it can pass any law or repeal any law.” Said Mutharika

He went on “We are passing the bill not to please anybody, we are passing the bill in our interest its good that people should know in a democracy, how decision are made and we hope that all these requests will be made in responsible manner and that those information will be respected.” Said Mutharika and repeatedly said “We will pass the bill at some point.”

Mutharika was speaking to Journalist at Kamuzu Palace in Lilongwe on Monday evening following his return on December 6 from Malta, UK and South Africa where he attended Summit and held number of bilateral talks.

Minister of Foreign Affairs George Chaponda indicated in the Communique that President Mutharika in his engagements with UK government officials and legislatures spoke and got promise on budgetary aid resumption to Malawi.

Apparently, Malawi is required to meet number of conditions including passing Access to Information Bill for European Union (EU) (whose membership includes UK Government) and World Bank to disburse their promised budgetary aid.

Malawi Minister of Finance, Goodall Gondwe, delivered in the National Assembly a statement on 25th November 2015 on Economic status of the country wherein he indicated that donors like World Bank and EU will continue to withhold promised budgetary support until Malawi brings to Parliament the bill and meet other 19 conditions. 

But Mutharika on Monday said there is no need to put some conditions because “we are going” to pass the ATI Bill.

“It is in our manifesto, we are the first people to say in Manifesto that we are going to have Access to Information.” He said

How Crucial Is The Bill To Attract Budgetary Support?

EU and World Bank promised Malawi to resume their budgetary support.

However the Minister of Finance Goodall Gondwe admitted in the National Assembly on 25th November 2015 that on top of Public Finance Reform Management Programme, immediate IMF conditionality the two institutions have also added their own conditionality that Malawi needs to meet before their budgetary support is disbursed.

Goodall 

“A large number of conditionality has been agreed which we will have to satisfy before they can disburse the budgetary support. These two institutions require that we should have presented in this Parliament, Access to Information Bill (ATI) as well as implement reforms relating to wage administration that will expunge ghost workers in our wage bill.” Said in his statement in November National Assembly meeting

He added that the two institutions also demands that Malawi need completely reform the FISP which they essentially support so that more than half of the subsidized fertilizers is sold by the private sector instead of Smallholder Farmer Fertilizer Revolving Fund of Malawi and ADMARC. He noted that in total there are more than 20 conditions that Malawi has to meet before the funds are disbursed.

“We are working on these now and we hope that we can satisfy them by the end of March 2016 so that the aid disbursement can take place during the fourth quarter of this fiscal year.” Said Goodall

He also mentioned that Malawi has reactivated IMF Programmes because they are helpful because they reinforce prudent fiscal management and require rigorous economic and financial discipline in Government and reserve Bank.

He therefore said Malawi is set to take number of measures to effect the required balancing of resource with expenditure so as to reduce inflationary pressures. He said this follows IMF conclusion that its programmes have been off track.

“We expect to bring the programme on track as the next IMF staff visit to Malawi (February 2016) when the data for the first half of financial year (July to December 2015) will be examined. 

He therefore highlighted that the conclusion of IMF that Malawi is back on track will be valuable to attract donors to review their stand on their support to Malawi.

“Certainly we know that regardless of the conditionality they have given us the first conditionality that EU and World Bank have given us to resume their pledged budgetary support is the observance of IMF programme.” he said 

Gondwe further added that the IMF programe could also be advertised to the private sector internationally that prudent finance management is resumed in Malawi 

“It is critical in regenerating confidence in the economy” he added

Several donor nations in 2013 suspended budgetary aid to Malawi following public money looting scandal known as Cashgate. The latest to announce the delay of funding were donors under the Common Approach to Budget Support (CABS).

Through the suspension, Malawi lost almost 40% of its budgetary assistance.