Malawi High Court: No Mandatory Registration for NGOs

• Malawi's civic space is shrinking due to political infiltration and the rise of 'mercenary' civil society organisations.
• These organisations often receive funding from donors with ulterior motives, compromising their independence and accountability.
• The erosion of civic space has significant implications for democracy in Malawi, including a decline in democratic governance and potentially even authoritarianism.

Political infiltration, shrinking donor support and the rise of “mercenary” civil society organisations are eroding Malawi’s civic space, weakening one of democracy’s most important checks on power.

Malawi's civic space has been shrinking due to a combination of factors. Political infiltration, where politicians and their allies infiltrate civil society organisations (CSOs), is one such factor. This can lead to CSOs losing their independence and becoming mere lapdogs of the government rather than watchdogs of democracy. The rise of 'mercenary' CSOs, which are driven by self-interest rather than a genuine desire to promote democratic values, has also contributed to this erosion. These organisations often receive funding from donors who have ulterior motives, further compromising their independence and accountability.

In Malawi, the legal framework governing civil society organisations has become more restrictive. While a bill introduced in 2019 that would have allowed closer regulation of CSOs was eventually withdrawn, a more comprehensive NGO (Amendment) Act was passed in March 2022. This Act introduced mandatory registration for all NGOs (with some exemptions) and granted the NGO Regulatory Authority (NGORA) significant powers, including the ability to suspend, cancel, and revoke registrations. It also includes provisions that civil society groups view as problematic, such as prohibiting 'politicking' without clear definition and imposing disproportionate criminal sanctions. These developments highlight a continuing tension between the government and civil society, with concerns that the government is using its powers to silence critics and undermine democratic oversight.

The erosion of Malawi's civic space has significant implications for democracy in the country. Without an independent and vibrant civil society, citizens are left without a voice to hold those in power accountable. This can lead to a decline in democratic governance and potentially even authoritarianism. Lawyers advising clients on civil society engagement in Malawi should be aware of these risks and take steps to assess their partners' independence and accountability mechanisms. By doing so, they can help ensure that CSOs remain effective watchdogs of democracy rather than mere lapdogs of the government.

Lawyers advising clients on civil society engagement in Malawi should be aware of the potential for 'mercenary' CSOs to compromise democratic oversight, and consider assessing their partners' independence and accountability mechanisms.

Source: Original reporting via Nation Online