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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Budget Processes
Indicators		Score
37	Can the legislature provide input to the national budget?	83
38	Can citizens access the national budgetary process?	92
39	In law, is there a separate legislative committee which provides oversight of public funds?	100
40	Is the legislative committee overseeing the expenditure of public funds effective?	50

Indicator and sub-Indicator Details

Can the legislature provide input to the national budget?

37a: In law, the legislature can amend the budget.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Sections 175 and 177

Peer Review Comments: Further to constitutional provision, legislators now have more liberal rights on the budget. Between 2004 and 2007, budgets are subject to rigorous scrutiny by members of parliament who have either rejected the budget in its enterity or part thereof, prompting the Finance Minister to go back to his drawing table to make ammends that suit parliamentarians, particularly those in opposition.

37b: In practice, significant public expenditures require legislative approval.

Score:

100

$Scoring Criteria :: 100 Score Criteria: All significant government expenditures (defined as any project costing more than 1% of the total national budget), must be approved by the legislature. This includes defense and secret programs, which may be debated in closed hearings. 50 Score Criteria: Most significant government expenditures (as defined) are approved by the legislature, but some exceptions to this rule exist. This may include defense programs, an executive\'s personal budget, or other expenses. 0 Score Criteria: The legislature does not have the power to approve or disapprove large portions of the government budget, or the legislature does not exercise this power in a meaningful way.$

Comments:

References: 1) Sammuel Chibaya "House Passes Budget" The Nation, Sept. 12, 2007 www.nationmw.net

2) Mike Chapalasa and McDonald Phiri "Budget Approved" The Daily Times, Sept. 12, 2007 www.dailytimes.bppmw.com

37c: In practice, the legislature has sufficient capacity to monitor the budget process and provide input or changes.

Score:

100

Comments: The Budget and Finance Committee as well as the Public Accounts Committee of Parliament do not meet regularly to transact their businesses because of lack of funds. However, legislators are among the most well-paid public servants in Malawi.

References: 1) Dickson Kashoti "Committee of Supply on Today" The Daily Times, Sept. 3, 2007, www.dailytimes.bppmw.com

2) Happy Kayuni, lecturer, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

Peer Review Comments: Legislature has adequate resources at their disposal. Their salaries have been rising over the last five years by an average 100 percent, ostensibly to equip them to monitor the budget process and provide input or changes. Besides, there are minimum requirements for one to become a member of parliament, one of which is that they should be able to read and write in English, the official language of communication in Parliament and outside. This should provide the legislature adequate capacity to monitor the budget process and provide input or changes

Can citizens access the national budgetary process?

38a: In practice, the national budgetary process is conducted in a transparent manner in the debating stage (i.e. before final approval).

Score:

100

Comments: Parliamentary proceedings including budget debates are broadcast live by the country's Malawi Broadcasting Corporation (MBC). Budget negotiations take place right there in Parliament.

References: 1) Dickson Kashoti "Government Defers MBC, TVM Vote" The Daily Times, Sept. 7, 2007 www.dailytimes.bppmw.com

2) Dickson Kashoti "MPs Fast Track Chilumpha's Budget" The Daily Times, Sept. 7, 2007

38b: In practice, citizens provide input at budget hearings.

Score:

100

Comments: The government organizes pre-budget sessions when citizens, through MEJN, Economics Association of Malawi (ECAM), Malawi Confederation of Chambers of Commerce and Industry (MCCCI) and others provide input into the budget. However, the government does not take all thier inputs in consideration.

References: 1) Ephraim Munthali "Gondew Tables Budget" The Nation, June 30 - July 1, 2007, www.nationmw.net

2) Malawi Economic Justice Network (MEJN), MEJN, August 2007 FY 2006/07 post-budget and 2007/08 pre-budget Analysis.

Peer Review Comments: In addition, the media is not consulted directly. It is only invited to cover "consultation conferences", but not for it to table input.

38c: In practice, citizens can access itemized budget allocations.

Score:

100

Comments:

References: 1) Sammuel Chibaya "House Passes Budget" The Nation, Sept. 12, 2007 www.nationmw.net

2) Malawi Economic Justice Network, MEJN, August 2007, FY 2007/07 pst-budget and 2007/08 pre-budget Analyses.

In law, is there a separate legislative committee which provides oversight of public funds?

39: In law, is there a separate legislative committee which provides oversight of public funds?

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 56 (7)

Is the legislative committee overseeing the expenditure of public funds effective?

40a: In practice, department heads regularly submit reports to this committee.

Score:

100

Comments:

References: 1) Chr. Michelsen Institute, Rackner L and Wnag V; "Audit Institutions in Malawi, Uganda and Tanzania"

2) Happy Kayuni, lecturer, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

40b: In practice, the committee acts in a non-partisan manner with members of opposition parties serving on the committee in an equitable fashion.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties in a roughly equitable distribution. All members of the committee -- including opposition party members -- are able to fully participate in the activities of the committee and influence the committee\'s work to roughly the same extent as any other member of the committee. 50 Score Criteria: The committee is comprised of legislators from both the ruling party (or parties) and opposition parties although the ruling party has a disproportionate share of committee seats. The chairperson of the committee may be overly influential and curb other members\' ability to shape the committee's activities. 0 Score Criteria: The committee is dominated by legislators of the ruling party and/or the committee chairperson. Opposition legislators serving on the committee have in practice no way to influence the work of the committee.$

Comments:

References: 1) Moses Micheal-Phiri "Public Accounts Committee of Parliament Queries Government Ministries on Some Expenditures" The Nation, June 13, 2007

2) Happy Kayuni, lecturer, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

40c: In practice, this committee is protected from political interference.

Score:

100

$Scoring Criteria :: 100 Score Criteria: This committee operates independently of the political process, without incentive or pressure to render favorable judgments on politically sensitive issues. Investigations are rarely praised or criticized by political figures. 50 Score Criteria: This committee is usually independent but is sometimes influenced by negative or positive political incentives. This may include public praise or criticism by the government. 0 Score Criteria: This committee is commonly influenced by personal or political forces or incentives. This may include conflicting family relationships, professional partnerships, or other personal loyalties that ultimately influence the committee\'s behavior and decision-making. Negative incentives may include threats, harassment or other abuses of power by the government.$

Comments:

References: 1) Moses Micheal-Phiri "Public Accounts Committee of Parliament Queries Government Ministries on Some Expenditures" The Nation, June 13, 2007

2) Happy Kayuni, lecturer, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

40d: In practice, when necessary, this committee initiates independent investigations into financial irregularities.

Score:

100

Comments:

References: 1) Happy Kayuni, lecturer, Chancellor College, University of Malawi, Sept. 6, 2007, Zomba

2) Richard Tambulasi, lecturer, Chancellor College, University of Malawi, Sept. 7, 2007, Zomba