President Peter Mutharika maintains that his Government is going to enact Access to Information Bill (ATI) after all inconsistencies in the bill are resolved.
He was speaking during the meeting with Media Council of Malawi and Media Owners at Kamuzu Palace in the capital city, Lilongwe on Thursday who engaged him on the progress of ATI Bill.
The bill was previously rejected by cabinet after noting some inconsistencies and was referred to Cabinet Committee on Legal Constitution to resolve the problem. Meanwhile Minister of Justice and Constitution Affairs, Samuel Tembenu says the bill has been finalized and will be taken to back to cabinet soon.
When responding to media plea that the bill needs to be enacted, President Mutharika reiterated that it is his wish to see the bill enacted. But he repeated sentiments made last year, that two major inconsistencies in the bill, Sections such as: 6(2) and 3(1) are most problematic areas that were being resolved so that, once enacted, the bill should be free of inconsistencies.
Mutharika said Section 6(2) which reads “Any law enacted after the commencement of this Act which restricts the rights and obligations provided for in this Act, shall have no effect.” actually restricts future parliament from repealing the law and said this is against sovereignty of the parliament of repealing and passing any law.
Section 3(1) reads; “This Act shall apply to information in the custody or under the control of any public body, relevant private body or other information holders listed in the Schedule hereto regardless of whether such information came into existence before the commencement of this Act.”
On this section, President Mutharika explained that the provision is retrogressive because it seeks to obtain information which originated back before the existence of the bill. He said this is against principle of common law (ex post facto law) which prohibits application of the legislation to things that happened it was adopted.
“There is no way” he emphasized “and I cannot accept to assent the bill which its sections are inconsistence with the principle of common law.”
Without specifying dates he said cabinet is meeting where the bill will be discussed and after approval it will be taken to National Assembly for tabling but he underlined that enactment of the bill will not be as the result of pressure from anybody or conditionality of donor aid from development partners.
“This Government will not accept ultimatums, no more ultimatums. Let’s act in fair and respectful manner” said Mutharika
“Should your Cabinet gloss over inconsistencies in the intended Law just because everyone is pressurising us? Will you not be the first people to say we made a bad law when the problems begin to surface? Should we overlook addressing the anticipated challenges that will face implementation because the media fraternity and donors are giving the Government of Malawi ultimatums” inquires Mutharika
Earlier, Media Council of Malawi Chairperson, Wiseman Chijere Chirwa noted the importance of the bill to both media and all Malawians.
Chirwa, said Government needs to enact the bill in order to help media to easily access to information from Government.
The Media Council chairperson, underlined that failure to enact the bill will fuel unfavorable costs which includes creation of an environment for corruption, lack of accountability as well as lack of public trust into public officers.
President Mutharika rejected Media Council proposal that using his executive powers, the President should reject “adulterated” Bill which went to Cabinet, instead approve the “original” version of the bill which was formulated through duly consultative process. Mutharika argued that him alone cannot change “collective decisions” made by cabinet.
After the meeting, Chijere Chirwa said media council was happy that they finally met president and were explained in detail why the bill is facing delays but was quick to mention that media council is waiting to see how Government will reconcile media concerns and the problems raised by President.
During the meeting, Minister of Justice and Constitution Affairs, Samuel Tembenu assured the media that the bill before cabinet is not adulterated document but they are only trying to sort out problems with some provisions and further promised that the refined bill will be the best law in Africa.
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