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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	50
81	Can law enforcement officials be held accountable for their actions?	75

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review, Vol. 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 7, 2007

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review, Vol. 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 7, 2007

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review, Vol. 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, University of Malawi, Department of Political and Administrative Studies, Sept. 7, 2007

3) Tambulasi R and Kayuni H. "Decentralization Opening a new window for Corruption: An Accountability Assessment of Malawi's Four Years of Democratic Local Government" Journal of Asian and African Studies, Vol 42 No. 2, 2007

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments:

References: Anti-Corruption Bureau - Corrupt Practices Act Office of The Ombudsman - The Constitution of The Republic of Malawi, sec 120 Human Rights Commission - The Constitution of The Republic of Malawi, sec 129

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments:

References: 1) Kanyongolo F.E. Malawi: Justice Sector and The Rule of Law: A Review by AFRIMAP and Open Society Initiative for Southern Africa, Open Society Initiative for Southern African: Cambridge, 2006

2) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 7, 2007, Zomba

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments:

References: Anti-Corruption Bureau - Corrupt Practices Act, sec 24 (1)

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments:

References: 1) Hussein M. "Combating Corruption in Malawi: An Assessment of the Enforcing Mechanisms" African Security Review Vol. 14 No. 4, 2005

2) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 7, 2007, Zomba

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: Constitution of The Republic of Malawi, section 158 (5)

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments:

References: 1) Interview with H. Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 8, 2007

No studies have been conducted.