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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	57
31	Can citizens access the asset disclosure records of members of the national legislature?	67
32	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 11

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: 1) Gloppen S and Kanyongolo E.F. The Judiciary in Patel N and Svasand L, Government and Politics in Malawi, Kachere series, 2007, Zomba

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

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: They can be prosecuted. However, section 60 (1) of the Constitution of the Republic of Malawi states that they cannot be arrested when going to, returning from, or while in Parliament.

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 213 (1)

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: This is not applicable.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: No formal clear rules are available. However, Section 24 (2) of the Corrupt Practices Act is against giving gifts to members of Parliament as inducement for certain action.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: Committee of Parliament - Constitution of the Republic of Malawi, Section 213 (4)

Anti-Corruption Bureau - Corrupt Practices Act, Section 32 (1)

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There is no such law.

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

2) Richard Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 7, 2007, Zomba

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

References: 1) Hussein, M. "Strengthening Parliamentary Democracy in SADC Countries. Malawi Coutry Report", commissioned by South African Institute of International Affairs, 2004

2) Khembo, N.: The Constitution, Constitutionalism and Democracy in Malawi: The Reign of Parliamentary Oligarchy in Nhema, A. The Quest for Peace in Africa; OSSREA: Addis Ababa, 2004

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

References: 1) Khembo, N. "The Constitution, Constitutionalism and Democracy in Malawi: The Reign of Parliamentary Oligarchy" in Nhema, A. 2006, The Quest for Peace in Africa: OSSREA: Addis Ababa

2) Patel, N and Tonstensen, A, "The Legislature", in Patel, N and Svasand L, Government and Politics in Malawi, Kachere series, Zomba, 2006

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments:

References: The Constitution of the Republic of Malawi, Section 37

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: 1) Hussein M. "Strengthening Parliamentary Democracy in SADC Countries; Malawi Courty Report" Commissioned by The Southern African Institute of Interantional Affairs, 2006

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

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, University of Malawi, Sept 12, 2007, Zomba

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

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: The Constitution of the Republic of Malawi, Section 37

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments:

References: 1) Hussein, M. "Strengthening Parliamentary Democracy in SADC Countries: Malawi Country Report" Commissioned by The South African Institute of International Affairs, 2004

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

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments:

References: 1) Interview with R. Tambulasi, lecturer, University of Malawi, Sept. 11, 2007, Zomba

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