Access to Information Bill Passed

The much anticipated Access to Information Bill has finally been passed by the Malawi National Assembly Wednesday night.

MISA Malawi 2016 Transparency Assessment: BCC Gets Golden Key Award As Ministry of Health Gets Padlock Trophy

Malawi Members of press  in 2014 holding peaceful march
calling for ATI enactment

Blantyre City Council (BCC) has received the Golden Key Award for MISA Malawi 2016 Transparency Assessment while Ministry of Health is this year’s recipient of the Golden Padlock Award.

Access To Information Bill Finally Presented In Parliament

Access to Information Bill (ATI) has finally been presented in the National Assembly today.

Minister of Information, Patricia Kaliati presented the bill which has since been referred to the Parliamentary Committee on Media, Information and Communication and Legal Affairs Committee.

No Hope For ATI This Friday

There is little hope that the much awaited Access to Information Bill will be debated this Meeting of the National Assembly as the 3rd Meeting of 46th Session for Budget ends this Friday afternoon.

Leader of House, George Chaponda also has since expressed doubt that the bill will be discussed on Friday saying there are so many important bills on the Order Paper.

CHRR, Cedep Cautions Legislatures On ATI Bill

Trapence and Mtambo

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) warns Legislatures not to pass Access to Information Bill (ATI) in its present form saying it is adulterated bill.

A statement reacting to President Peter Mutharika State of National Address, from the two organisations says presently, grey areas in the Access to Information bill include: Scrapping of a provision that information holders should disclose information in the public interest such as unauthorised use of public funds; The introduction of fees for Malawians to access to information; and the Removal of provision which would have enabled people to demand information before the law was enacted

The ATI bill will be officially presented in the National Assembly for tabling by Information Minister during this Third Meeting of 46th Session of Parliament, to consider the 2016/2017 National Budget.

Timothy Mtambo and Gift Trapence executive directors for CHRR and Cedep respectively,  expressed in a the Statement today that " In the first place, CHRR and Cedep commend the President for indicating that the long-awaited Access to Information Bill would be tabled in Parliament within the session. We, at CHRR and Cedep, however, would like to reiterate our calls on parliamentarians to exercise democratic maturity by addressing all the undemocratic elements in the adulterated bill to reflect the spirit and purpose of the bill in a Malawian democracy."

They mentioned that they find the mentioned grey areas a regrettable attempt by government to render the Access to Information law toothless in this democratic dispensation. 

"The law, if enacted in its gazetted version, will fall short of addressing key issues such as Cashgate as well as other forms of power-abuse, among other vices." Adds the statement  

Among others the statement from CHRR and Cedep further call Government to go an extra mile in expediting prosecuting cases involving cash-gate and people with albinisms.

On cases involving people with albinisms, CHRR and Cedep bemoaned that cases of abductions and killings of people with albinism continue to escalate at alarming rate regardless of the recent stiffer sentences Courts are handing to convinced criminals.

"All this points to the fact that more needs to be done." Observe the statement suggesting that Malawi Police Service (MPS) and community relationship is key to prevention of abduction, exhumation and killing of people with albinism. 

"Government through MPS ought to strengthen its community outreach structures such as community policing in dealing with the vice" adds the statement 

The statement further calls upon parliamentarians to exercise democratic maturity and patriotism as they conduct their deliberations on behalf of Malawians who are facing numerous challenges in their daily lives.

Malawians Are Free To Express Their Opinion- World Press Freedom Panelists

Five panelists for this years World Press Freedom Day celebrations have concurred  that Malawians are now enjoying freedom of expression.

Each year on 3rd May, Journalists commemorate World Press Freedom Day but this years celebrations took place on Saturday 7th May 2016 in Mangochi.

During the debate titled "Freedom of Expression In Malawi; Progress Challenges, and Way Forward, panelists comprised of executive member for Media Institute for Southern Africa (MISA) Malawi chapter and Nation Publication Journalist, Suzgo Khunga, Elard Manjawila from University of Malawi-The Polytechnic, Emmanuel Kondowe from UNESCO, Edward Monster, US Embassy Public Affairs, and Justin Saidi, Principal Secretary for the Ministry of Information, Communications Technology and Civic Education both agreed that for the past few years Malawians are freely expressing themselves on various matters.

Elard Manjawila said Malawians at the moment are enjoying freedom of expression and that they are able to freely express themselves in various matters and this was later echoed by Sugzo Khunga who who agreed that indeed freedom of expression which is enshrined in the Constitution of Republic of Malawi is guaranteed in the country.

"Yes, am truly impressed with freedom of expression in Malawi" added Edward Monster, of US Embassy Public Affairs who cited that during his stay in the country he has seen and heard Malawians freely speaking to issues that matter to them unlike other countries where citizens are being prevented from expressing themselves.

On challenges and way forward, panelists highlighted existence of several laws that still restricts Journalists from conducting their job without fear and have asked Government to among others enact Access to Information Bill (ATI) and also called upon Malawians to take responsibility of safeguarding the rights and freedom of expression.

Justin Saidi, Principal Secretary for the Ministry of Information, Communications Technology and Civic Education who agreed with fellow panelists of existence of freedom of expression in the country further mentioned that the country is "making headway" in terms of guaranteeing freedom of expression.

Saidi said there is political will and Government will continue to ensure that Malawians are enjoying freedom of expression. 

He indicated that for the first time and after long time, Government has now taken the ATI to Parliament which is a sign that Government wants Malawians to enjoy freedom of expression as well as access to information from Government.

He further called upon Journalists to work together with Government while assuring that Government will not no intimidate Journalists.

Before holding debate, Journalists drawn from across the country held freedom march from Mangochi filling station to Fort Johnston at the roundabout near Lake Malawi Bridge, the event which attracted attention from onlookers along the streets.

ATI Tabling Fail Again; Information Minister Rushed To Hospital

Mhango: Sick 

Minister of Information rushed to the hospital and fails to present the much awaited and promised Access to Information bill.

Leader of House Francis Kasaila informed the House this Friday morning when the House resumed sitting after health break to continue debate on prioritized bills that the Minister responsible to deliver the bill was sick and has been taken to hospital.

Minister who was expected to deliver the bill is Jappie Mhango Minister of Information.

Kasaila said there was nobody to present the bill on his behalf and therefore asked the House to continue with other bills and business of the House.

However, Kasaila did not disclose the seriousness of his sickness. But said this means the bill will come in the House in May Meeting

Kasaila on Wednesday and Thursday did promise that the bill will by all means be presented between Thursday and Friday.

uptdate

When asked in an interview of how seriously ill is Mhango, Kasaila replied “That’s the information that I have, that he is not feeling oky today.

The information that I have is that the minister was coming to the House but on his way he felt that he was not feeling Oky and he had to go to the hospital so we were hoping that may be he will be here after visiting the hospital but it did not happen that way.”

Asked why they failed to allow Justice Minister or to delegate other ministers to present the bill, Kasaila explained that the Government side got report of Jappies illness during the healthy break and therefore there was no other cabinet Minister who was ready to present and answer question pertaining to the bill. He added that it was also difficult to that time to request for the bill and delegate other cabinet members.

He hoped that the bill will be back in the House in May meeting of the National Assembly

Richard Chimwendo: There was commitment 

Through several assurances Government made to have the bill tabled in the House between Thursday and today, hopes were build in the hearts of many Malawians including Legislatures themselves that the bill will by all means be tabled.

Such hopes, prompted Dowa East legislature Richard Chimwendo Banda to stand as the House was about to adjourn Sine Die to ask Speaker to get clarification why the House is about to adjourn yet the much awaited bill is not coming.

"There was commitment that the bill will come in this House" he reminded the House and made emphasis that under situation at hand Government should have used collective responsibility by delegating a cabinet minister to present the bill.

ATI Tabling Today

Malawi National Assembly is expected to debate the long awaited Access to Information Bill (ATI) today before the House rise Sine Die.

The debate on the ATI will be historical following years of waiting by many Malawians to see the bill going to parliament and debated. 

On Thursday evening before the house was adjourned for today, Francis Kasaila, Leader of House in the National Assembly made promise to the House that the business of today will prioritise the Access to Information bill together with other Land Bills.

Kasaila

“I thought I should just remind my honorable colleagues that tomorrow Government will prioritise the processing of other land bills… and there after bill number 1 of 2016 (Access to Information bill) ” 

Today, Friday, March 18th 2016 is the very last sitting day of the ongoing 2nd Meeting in the 46th Session of National Assembly and the next meeting will possibly be in May or June later this year. 

Similar promise was made on Wednesday by Kasaila in an interview after the House was adjourned early to allow members to prepare for tight business of Thursday. He indicated that since the House failed to meet for two sitting days as legislatures were mourning Mchinji West legislature, late Billy Kanjira, the business of the remaining two sitting days, Thursday and Friday will prioritise bills which among them is ATI bill.

But he did mention that most of the bills including the ATI will be passed during the Meeting of the National Assembly in May or June later this year. He explained that this is so because once the bills are introduced in the House today, will be required to go through relevant committees for thorough scrutiny and further consultations and after those committees reports back their findings to the House, then the process to debate and pass the bill will resume.

Other bills to be prioritized today are; Land Survey, Customary Land, Lands Acquisition and International Fund for Agricultural Development (Programme for Rural Irrigation Development) Loan (Authorisation).

House To Debate ATI Bill Before Meeting Rise On Friday: House Adjourns Early To Allow Members Prepare For Bills

Leader of House in the National Assembly says the House will debate the Access to Information bill within the remaining two days sitting of this Meeting of the National Assembly.

Francis Kasaila made assurance in an interview on Wednesday evening after the House adjourned early to allow members to prepare for number of bills that are appearing on the Order Paper.

Kasaila said among the bills that are to be discussed on Thursday and Friday before the House rise sine die includes Access to Information bill which has been long awaited by the media and all Malawians.

“The bills are quite many, but also at the same time we have Access to Information bill” confirmed Kasaila

“All those we would want to process them and for sure most of them would be required to go through committees because that is where members would consult relevant stakeholders and get their views… and there after we will  have a consensus and proceed with the processing when we meet again around in May.”

He however, failed to divulge more if the bill will be the first item on the Government business on Thursday but has confirmed that between Thursday and Friday the bill will be among the list of Bills that will be presented in the House.

“It will come as I said between tomorrow and Friday, it may not be necessarily be second (after Land Bills) because it depends on whether the spokespersons will be ready tomorrow for that. We will try and bring in those that are ready quickly and bring those bills on the floor, deal with them and proceed” he said 

The National Assembly on Wednesday evening was adjourned early as the Leader of House wanted members to prepare for Fourteen bills that are appearing on order paper so that House adjourns sine die on Friday with more bills tackled.

“Honorable Deputy Speaker, since the House is rising this Friday I berg to move that the House adjourns early to allow members to prepare for the bills” moved Leader of House, Francis Kasaila 

Kasaila in his request to the Second Deputy Speaker, Clement Chiwaya, observed that there is a backlog of bills that needs to be tackled before the House rises on Friday. 

The business items of the House accumulated following two sitting days the House failed to meet as members went to attend the funeral of one of their legislatures from Mchinji. Kasaila defended the early adjournment saying for the sake of progress, it was necessary to allow members to prepare for the bills as programme for the next two days will be tight therefore members need to consult widely on the bills so that together with their party spokespersons they should participate.

Bills appearing on the order paper are

1. Electronic Transactions (Parliamentary Committee on Media, Information and Communications to present a Report on the Bill.)
2. Payment Systems (The Budget Committee in the day already presented a report on the bill)
3. Access to Information
4. Land bill
5. Physical Planning
6. Forestry (Amendment)
7. Malawi Housing Corporation (Amendment N.2)
8. Land Survey
9. Registered Land (Amendment)
10. Public Roads (Amendment)
11. Customary Land
12. Lands Acquisition
13. Local Government (Amendment)
14. International Fund for Agricultural Development (Programme for Rural Irrigation Development) Loan (Authorisation)

Malawi To Enact ATI Bill Once Inconsistencies Are Corrected-President Mutharika

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.

President Mutharika Was Incorrect On Provision In ATI Bill

Trapence and Mtambo

It is now proven that President Peter Mutharika erred to claim that Access to Information (ATI) Bill has provision which bars National Assembly from reviewing the legislation once enacted.

Two renowned Civil Society Organizations, Centre for Development of People (Cedep) and Centre for Human Rights and Rehabilitation (CHRR) have since faulted the Malawi leader saying they never came across such provision in the drat bill.

Peter Mutharika

President Mutharika told Journalists on Monday at Kamuzu Palace that the ATI bill has number of inconsistencies including two provisions which says; once enacted the law will cover any information that happened before its enactment (Against common law principle that the law takes effect on matters happening the day it is signed) and that “in future” no parliament can ever repeal the law.

But according to a statement from the Cedep and CHRR signed by its executive directors, Gift Trapence and Timothy Mtambo respectively, they have possession of the draft bill which the President quoted but never came across a clause which says Parliament shall not have the power to repeal the Access to Information law.

“It is equally significant that President was able to highlight some of the “inconsistencies” in the Bill during the press conference. We, at CHRR and Cedep, however, wonder where the ‘inconsistencies’ the President highlighted during the press briefing came from. We have the draft Access to Information Bill and have never come across a clause which says Parliament shall not have the power to repeal the Access to Information law.  The Access to Information Bill we have was informed by progressive model laws on access to information.” Reads the statement

Cedep and CHRR believe the inconsistency claims were mare lies and tactics to delay enactment of the legislation.

The two CSOs have therefore challenged government to publish all the said “inconsistencies” for the public to appreciate them in addition to publicize the ATI Bill, once all the ‘ironing out’ and ‘aligning’ of the bill with other laws is done, before tabling it in the National Assembly.

“This would enable citizens and other stakeholders to check if there are any adulterations in the Bill.  Otherwise, we are bound to believe that the President is simply buying cheap public sympathy to justify the delay in enacting the bill.” Said Cedep and CHRR

“Given the culture of secrecy on how government is run, compounded a recent background of plunder of resources, Malawians  can simply ill afford to have an adulterated piece of legislation that will fall short filling its democratic space. Malawians need a law that will add value to democracy.” Claims the statement

Cedep and CHRR statement further said the President was undemocratic to state that he is not going to take deadlines from Malawians. The CSO's says as an employee of the electorate, the President must be accommodative enough, fully cognizant that it is within the citizens rights to issue deadlines to their demands especially on matters that require urgent address by his leadership.

Reading the draft ATI bill in question we never found the provision which President Peter Mutharika claimed that “in future” no parliament can ever repeal the law  

Indeed, President Mutharika was right to mention that in the current ATI Draft Bill grant access to information even that existed before the legislation was signed according to Chapter 3 on the application of the legislation  

                 “3. - (1) 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  

     However, “(2) This Act shall not apply to the following information: Cabinet records and those of its committees; court records prior to conclusion of a matter; and information excluded from publication under the Official Secrets Act; and personal information.”

Mutharika made the error on the Bill when 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 went to attend to Summit and hold number of bilateral talks.

President Mutharika continued to make his 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 of National Assembly.

He said his Government is through Cabinet Committee on Legal matters is resolving inconsistencies which prevented the bill from being taken to just ended First Meeting of 46th Session of the National Assembly as promised.c7

Mutharika Makes Another Promise On ATI Bill

Add caption

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.

Promised ATI, Land Bills Never Came In The House- Complains Chakwera As National Assembly Adjourns Sine-Die

Chakwela

Leader of Opposition in National Assembly and President for the country's main opposition party, Lazarus Chakwera, says the First Meeting of the 46th Session of the National Assembly  has come to an end without deliberating the much awaited bills.

He also bemoaned that there has been a lot of business that should have been considered on the order paper.

Chakwera said in his speech before the House adjourned sine die,that the House hoped “for a vibrant debate on the Access to Information (ATI) bill particularly after being assured by the Country’s leadership to have the bill and some land bills tabled.

“But we had hope that all other bills that we had been promised would have also been tabled in order for us to tell the world and us Malawians that we want to be a country that is accountable that is transparent in all our dealings and that’s the reason that Access to Information Bill is some kind of disappointment not to have it tabled.” he said

”We look forward to enacting badly needed legislation on reforms, ATI among others for all of us to better serve Malawians experiencing terrible inequalities in economic, agriculture, education health, politics. These disparities must be dealt with."

Chakwera expressed hope that ATI and Land bills that were promised prior to the just ended Meeting that will be brought to the Business Committee of the Houses will be made available during the Second Meeting expected in February next year. 

"So we are trusting that the midyear review will bring many of these pieces of legislation to be discussed in the chamber.” hoped Chakwera

However, the opposition leader, noted that the house managed to consider some business which he think have given hope to Malawians. He mentioned issues of hunger situation and preparation for the farming season, education and health issues as some of the isues that the House consodered and placed much focus because they needed serious attention.

Francis Kasaila

Moving motion that the House adjourn Sine Die, Leader of House Francis Kasaila said the Meetings deliberations went on smoothly against early speculations that there would be inside fighting.

“I believe that looking at the amount of work that has been dealt with I can say without fear of contradiction that I think we have done a good job.” Said Kasaila 

He, however acknowledged existence of areas that need improvement and promised as leaders of the House to endeavor to improve in the subsequent meetings of the House.

Speaking of what transpired for four weeks since the Opening of the First Meeting by President Peter Mutharika with State of the National Adress delivered on Friday 6th November 2015, Kasaila said 6 Ministerial statements were delivered in the House and 2 remains on the Order Paper.

He among others said two public petitions (from University Students Leadership and Civil Society Organisations on Health) were delivered to the House and that 9 bills were passed.

Bills Passed During First Meeting Of 46th Session of National Assembly 

1. Lilongwe University of Agriculture and Natural Resources (Amendment Bill) passed on Wednesday 11th November 215.
2. Estate Duty (Amendment Bill) passed on Monday 16th November 2015
3. International Development Association (Southern Africa Trade and Transport Programme Phase 2)  Loan Authorization Bill passed on Tuesday 17th November 2015
4. Credit Reference Bureau (Amendment Bill) passed on Tuesday 17th November 2015
5. Insolvency passed on Wednesday 18th November 2015
6. Malawi Institute of Procurement and Supply passed on Monday 23rd November 2015
7. European Investment Bank (Upgrading of Aviation Safety Equipment at Kamuzu and Chileka International Airports Project Loan Authorization Bill passed on Monday 30th November 2015
8. OPEC Fund for International Development (Mzimba Integrated Urban Water and Sanitation Project Loan Authorization Bill) passed on Tuesday 1st December 2015 and 
9. African Development Bank Mzimba Integrated Urban Water and Sanitation Project Loan Authorization Bill passed on Tuesday 1st December 2015

Three bills have since been referred to the Parliamentary Committees for Further scrutiny

1. Metrology Bill on Monday 23rd November 2015 the House resolved to refer the Report of the Parliamentary Committee on Trade, Industry and Tourism on this bill back to the Committee for refinement
2. Payment Systems Bill which was referred to the Budget Committee on Monday 23rd November 2015 and 
3. Electronic Transaction Bill which was referred to the Committee on Media, Information and Communication on Wednesday 25th November 2015

The leader hoped that the concerned committees will be ready with their reports for presentation to the House during the next Meeting of Parliament likely to be held in February 2016.

Malawians Tired Of Excuses On ATI Enactment-CHRR, Cedep

Gift Trapence

Centre for Human Rights and Rehabilitation (CHRR) and Centre for Development of People (Cedep) says Malawians are tired of Government excuses on taking Access to Information Bill (ATI) to Parliament for enactment.

The two institutions have issued a statement signed by its executive directors Timothy Mtambo (CHRR) and Gift Trapence (Cedep) who says such unwarranted delays are insult to Malawians and are failure on the part of the Democratic Progressive Party (DPP) Government to bringing the bill for enactment.

CHRR and Cedep statement comes a day after Government issued a statement that Cabinet meeting of 17th November 2015 considered the Bill, and directed its Committee on Legal Affairs and Constitutional Affairs to quickly resolve inconsistencies therein.

In the statement, Minister of Information Jappie Mhango said it is the intention of Government to have a good and balanced law that is representative of all sectors of society. 

However, CHRR and Cedpep says Malawians “can no longer entertain further excuses” on sending to Parliament the Access to Information Bill for enactment.

The statement titled ‘A call on government to live the talk’ says when the President indicated in his opening address of 46th Session of Parliament that the bill would be tabled during the current Meeting of National Assembly, Malawians heaved a sigh of relief, given the importance of the piece of legislation in enhancing transparency and accountability in the affairs of the country.

“It is, thus, shocking, to note that the much-awaited bill does not appear anywhere near the Order Paper or on the notices of the new bills for the current sitting. This is unfortunate, to say the least. By promising Malawians what he cannot deliver, as is the case with ATI and other numerous instances—the incumbent is simply taking the citizens’ trust for granted. To this end, we call upon the President and the DPP government to ensure that the ATI bill is passed into law in the current sitting of Parliament. Malawians can no longer entertain further excuses on the Bill” reads the statement 

Said Gift Trapence in an interview; “This bill is very important for the development of the country. The bill will make sure that Malawians are able to access information of different sectors; information of health, on economy, agriculture 

So if government passes that bill it will help a lot in terms of accountability and transparency but as well development issues”

He said Civil Society Organizations are worried that Government is not committed to make sure that that bill is passed considering changes that government has been making in many times as to when they are going to pass the bill.

“So as civil Society Organizations we are worried in terms of behavior of the Government by not showing that commitment that they would want to pass the bill.

We are worried with the behavior of the current regime in terms of not respecting the pillars of the democracy and in those pillars one of them is the Access to Information Bill.” He said

Then the Cedep Executive Director warned that CSO’s are set to use all avenues to make sure that they pressure the Government to pass the ATI bill.

“We will use different strategies as CSO’s that we are going to mobilize, we will use international partners to make sure that this government passes the bill.” He said 

Among others the CHRR and Cedep statement also condemns the tendency where number of Cabinet Ministers are attending to Presidential political rallies yet they have nothing to do at the event.

CHRR and Cedep says such a practice is only wasting public money. 

“We at CHRR and Cedep are deeply disappointed at the Democratic Progressive Party (DPP) government’s continued wastage of the country’s limited resources on political rallies disguised as development rallies. Our position is informed by the recent ‘development rally’ in Mangochi where a horde of Cabinet ministers and other government officials accompanied the President at the painful cost of tax-payers. This is outrageous! While we appreciate the need for the President to address the nation on the government’s development plans, we find the expenses that accompany such functions too excessive for the current state of the economy”

In the statement CHRR and Cedep, vows not to tire to remind the DPP government that it should consider spending the limited resources on critical areas such as the health, education, water and energy sectors in dire need to urgent attention.

“If at all President Prof. Peter Mutharika feels like updating the nation on his government’s plans, let him be conducting periodic press conferences which, in our considered view, are a cost-effective alternative” says the statement

BMC, Parliament Want ATI Bill Enactment In the Upcoming Meeting

Chakwera (middle)

Leader of Opposition in Parliament, and Media, Information and Communications Committee of Parliament says will lobby for enactment of the much waited Access to Information Bill (ATI) during upcoming meeting of Parliament.

Members of the Bwaila Media Club (BMC), on Wednesday had an audience with Leader of Opposition Hon. Lazarus Chakwera, sought his support in pushing for the tabling of the bill and objectively pass it amid delay ‘tactics’ from Government to take the bill to the upcoming Meeting of Parliament.

Few weeks ago in Salima, President Peter Mutharika promised to take the bill to the First Meeting of the 46th Session of Parliament which begins this Friday saying all the processes were finalized. This pronouncement was reiterated by Minister of Information Jappie Mhango during the recent meeting of some Cabinet Ministers and Members of Civil Society in Lilongwe.

However, the promises are unlikely to be met now as Leader of House in the National Assembly, Francis Kasaila disclosed to Journalist on Monday in Lilongwe that the bill still awaits final inspection by Cabinet. He said it is not on the list of the business for the next Meeting of National Assembly.

Hon Samuel Kawale and Chakwera

Chakwera shared BMC concern over the delays by Government to take the bill to parliament and promised to “Seriously” take the responsibility of encouraging all members from his party and others in opposition on how they can help push for the tabling of the bill.

“I would say that am with you” he said, “The message you brought has been received and warmly so. And that if Lord willing we should even incorporate your concerns in some of things that we say”

The Opposition leader also underscored that Access to Information Bill is very important.

He said the bill empowers people to have information that is needed in order for them to appreciate what their own government is doing. And that with comprehensive view of what is happening they are able to make informed decisions.

“Let information that the public needs to have be made available. Not just on demand… but when such is needed however, there should be a backing of the law that says you have that right to access that information.” said Chakwera

“We are with you.” He affirmed “I am particularly would love for the information to be available to anyone because issues of accountability and transparency are important to us all” added the opposition leader with emphasis that information is critical in an age “like ours”

Hon Samuel Kawale

In his remarks Chairperson for the Media, Information and Communications Committee of Parliament, Samuel Kawale, said was “disappointed and discouraged” to learn that Government is keeping on delaying the bill which has stalled for so many years.

“If there were issues that needed to be addressed they should have been brought earlier on, so that we sit down again, talk over them and make sure that all the grey areas are sorted out” he said

“As Committee, our major task from now on, is to work alongside with media houses and other stakeholders to lobby government to make sure that this bill is tabled in parliament and passed into law” assured Kawale

Meanwhile, leader of the Bwaila Media Club delegation, Steve Chilundu has expressed his profound gratitude for the promising remarks from the Leader of Opposition Lazarus Chakwera and the Chairperson for the Media, Information and Communications of Parliament.

Chilundu said BMC will continue to meet with various stakeholders to ask them lobby government to table and pass the Access to Information Bill during the Meeting of National Assembly which begins this week.

Bwaila Media Club has also issued a statement expressing concern over, government recent ambiguity and dilly dallying in its commitment to table and pass the bill.

Access To Information Act Ready To Parliament- Tembenu

Malawi Government has confirmed that the much anticipated legislation 'Acess to Information Act' will be tabled during this sitting of National Assembly.

Minister of Justice and Constitution Affairs, Samuel Tembenu told members of the press and Civil Society Organisation at Bingu International Conference Centre on Tuesday that the legislation is now ready.

Tembenu made the disclosure as he was responding to recent CSO statement which is calling for President Peter Mutharika resignation over failure to address democratic and economic governance problems rocking the country.

"We have so far finished processing the Acess to Information Act, it should have been discussed yesterday (Monday) but for other things we haven't been able to do that. But within the course of the week and next week we should be able to complete the processing of this Act" said Tembenu with an indication that the Act will be ready for parliament this sitting.

"The beauty with that Act is that it is on the basis that every public official has an obligation to disclose public information." Said the Minister

"I am myself looking forward to that Act being passed one of these days" He added saying he hopes that when that is done there will be a lot of information given to the public and that will minimize incidences of misinformation to the public.

Access to Information Bill Ready for Parliament

Much anticipated ‘Access to Information Bill’ ready for the upcoming Meeting of Parliament.

Justin Saidi

Principle Secretary in the Ministry of Information, Tourism and Culture, Justin Saidi revealed this during the Catholic Church’s commemorations for the Communication Day at Mtima Woyera Parish in the Arch Diocese of Lilongwe.

“Well, we have gone through all the process that are supposed to be followed and what remain is simply taking it to the upcoming Meeting of Parliament” said Saidi

Saidi who attended this year’s Communication Day as a guest of honor at Mtima Woyera Parish was responding to the call made by General Secretary for Episcopal Conference of Malawi Fr. Henry Saindi who asked government to speed the process for the enactment of bill into law to help Journalists easily access to Government information.

Fr. Henry Saindi

“In any country that this has been approved as a law, it is a useful tool for those who are working as Journalists because then, they have possibility of accessing important information that can also help in the development of the country; but without sweating for this information or without having to do as if they are begging for this information.” Said Fr. Saindi

Currently in Malawi he said “those who have the information which has to be disseminated to people at times they don’t serve Journalists.”

“Access to Information Bill if it is turned into a Law, will help the Journalists to access information which they require in order to disseminate to the entire nation. So it is an important tool"

Mw To Pass Access To Information Law This Year- Special Rapporteur

The Special Rapporteur on Freedom of Expression and Access to Information (ATI) in Africa has expressed hope in the Government of Malawi's assurance that it will enact Access To Information Bill before the end of this year.

An advocate for (ATI) law, Pansy Tlakula, was in Malawi since Sunday on advocacy mission to Malawi to support the initiative of adoption of ATI law and to appreciate the progress made in the enactment of this long awaited legislation. Among others she had series of meetings with ministers, Civil Society Organizations and members of parliament.

Tlakula says is convinced now that there is renewed commitment of the new government to enact the law which is in the process which is steps closer for tabling in parliament.

“We were promised that the bill will be in parliament before the end of the year." She said, "There are a number of issues that still have to be threshed out from the bill and as we speak the bill is in the hands of Minister of Justice and he will be handing it over to the minister of information who has promised us that he will convene in a week or two a meeting of the task force to look at those contentious issues that are still outstanding and to try and resolve them. And after those issues have been resolved, the bill will then be taken to parliament.”

"I know that Malawians have waited for so many years for this access to information law to be a reality but I can assure you that with engagement that I had in the past four days I leave this country with optimism that the bill will indeed see its way through to parliament" said Tlakula who further mentioned that members of parliament assured that they will overwhelmingly support the bill.

But, the special rapporteur has since encouraged Malawians to continue push further for government to live up to its promise on the law. She therefore reminded promises made by President  Professor Peter Mutharika when he campaigned and even in their manifesto of deaire to enact ATI as soon as they get back to power.

"President Mutharika also made similar undertaking when he inaugurated the parliament” she said

“So we were here to encourage him and members of his government to live up to that undertaking" said Tlakula who described her meetings with various officials as "extremely successful"

She continued “I think there is a renewed commitment from government, we have new people in government who have shown commitment to me and I believe what they are saying. I would want to believe that they cannot make these commitments so openly and not deliver on them, and really it is up to the people of this country to go back to them if they don’t deliver on those commitments and to hold them accountable.”

Policy on ATI law was finalised in January 2014 and the Drafted bill was taken to minister of Justice.

Malawi has been struggling for more than 10 years to have Access to Information law and promises were made by governments to adopt the law.

16 countries in Africa have ATI law, the latest being Mozambique

Chairperson for MISA Malawi is Now Excited

MISA Malawi chairperson Thom Khanje considers this high level advocacy mission as timely and imperative in the country’s efforts to have legislation on ATI."

The visit by the Special Rapporteur does not only add impetus to local efforts for Malawi to have legislation on ATI but also demonstrates the importance of ATI in promoting good governance and citizen participation in the democratic process." He said

Khanje also said is happy that after long struggle Malawi Government has shown commitment to enact the law. He a said the law will greatly benefit all Malawians and therefore every Malawian should take part in pushing for the law to be enacted.

The special rapporteur was appointed pursuant to a Resolution of the African Commission on Human and Peoples Rights as adopted at the African Commission’s 38th Ordinary Session on 5th December, 2005.

Among others, the major focus of the rapporteur’s work has been to encourage AU Member States to adopt Access to Information laws which conform to regional and international standards. To that end, the Special Rapporteur led the process for the development of a Model Law on ATI for Africa to assist Member States in the adoption of ATI Laws that are in line with international principles and standards.

The development of the Model Law was a two and a half year long process, which culminated in its adoption by the African Commission in February 2013, and was launched on April 12 during the 53 Ordinary Session of the African Commission which took place from 9 to 23 April 2013 in Banjul, Gambia.

Malawi is one of the country’s that has used the Model Law in drafting its ATI Bill.