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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	75
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	66
27	Can citizens access the asset disclosure records of the heads of state and government?	67
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	50

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Sec 15 (2)

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Adminstrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, section 103 (1) and (2)

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

References: 1) Gloppen S and Svasand L "The Judiciary", in Patel N and Svasand L, Government and Politics in Malawi, Kachere books, 2007 Zomba

2) Interview with Jacob Jimu, News analyst, Nation newspaper, Sept. 17, 2007, Zomba

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: 1) Dulani B "The Executive", in Patel N and Svasand L, Government and Politics in Malawi, Kachere series, 2007, Zomba

2) Interview with H. Kayuni, lecturer, University of Malawi, Sept. 12, 2007, Zomba

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, section 91 (1) (2) (3)

Peer Review Comments: They are only prosecuted after leaving office, which undermines the court process

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: The law is not clear. However, Section 95 (2) highlights that the president has the power to remove ministers from their posts.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 88 A (1)

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 88A (1)

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: No clear law is available, but section 24 (2) of Corrupt Practices Act prohibits members of the public to offer benefits that will induce public officers do certain things.

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: Anti-Corruption Bureau - Corrupt Practices Act, sec 32 (1)-(2)

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: This is not applicable.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments:

References: Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation Publication, Sept. 17, 2007, Zomba

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation Publication, Sept. 17, 2007, Zomba

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 37

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation Publication, Sept. 17, 2007, Zomba

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation Publication, Sept. 17, 2007, Zomba

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with J. Jimu, News analyst, Nation Publication, Sept. 17, 2007, Zomba