CHAPTER 2:07
POLITICAL PARTIES (REGISTRATION AND REGULATION)

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF OFFICE OF REGISTRAR

   3.   Establishment of office of Registrar

PART III
REGISTRATION OF POLITICAL PARTIES

   4.   Register

   5.   Application for registration

   6.   Certificate of registration

   7.   Refusal to register political party

   8.   Appeal against refusal to register

   9.   Cancellation of registration

   10.   Appeal against cancellation of registration

   11.   Notice of change in registered particulars

   12.   Notice of change in constitution or rules

   13.   Refusal to register amendments

   14.   Further information and inspection

   15.   Confidentiality

PART IV
MISCELLANEOUS

   16.   Onus of proof

   17.   Electioneering

   18.   False information, obstruction, etc., of the Registrar

   19.   Copy of constitution, etc.

   20.   Failure to notify changes

   21.   Offences by office bearers

   22.   Regulations

15 of 1993
18 of 1996

An Act to provide for the registration and regulation of political parties in Malawi; and to provide for matters connected with or incidental thereto

[5TH JULY 1993]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Political Parties (Registration and Regulation) Act.

2.   Interpretation

   In this Act—

   “office bearer” includes the leader of a political party;

   “political party” means a combination of persons who have constituted themselves for a political purpose;

   “Registrar” means the Registrar of Political Parties appointed under section 3.

PART II
ESTABLISHMENT OF OFFICE OF REGISTRAR

3.   Establishment of office of Registrar

   (1) There shall be a registrar of Political Parties (in this Act referred to as the “Registrar”) appointed by the Minister, and whose office shall be a public office.

   (2) In addition to the Registrar there shall be appointed in the public service such other officers subordinate to the Registrar as are necessary for the proper performance of the functions of the Registrar.

   (3) Until appointments under subsections (1) and (2) have been made, the officer for the time being holding or acting in the office of Registrar General shall hold, or act in the office of Registrar and the officers subordinate to him shall be the officers for the purposes of subsection (2).

PART III
REGISTRATION OF POLITICAL PARTIES

4.   Register

   (1) The Registrar shall keep a register in which shall be recorded such particulars relating to a registered political party as are prescribed in this Act.

   (2) A copy of an entry in the register certified under the hand of the Registrar or a person authorized by the Registrar shall, for the purposes of any written law, be prima facie evidence of the facts stated in the certificate.

5.   Application for registration

   (1) A political party consisting of not less than 100 registered members may apply in writing to the Registrar for registration under this Act.

   (2) An application for registration shall be signed by the office bearers of the political party and shall—

   (a)   specify the name of the party; and

   (b)   be accompanied by—

      (i)   two copies of the constitution, rules and manifesto of the party, duly certified by the leader of the party;

      (ii)   the particulars of the registered office of the party;

      (iii)   a list giving the names and addresses of the leader and other office bearers of the party;

      (iv)   a list giving the names and addresses of not less than 100 registered members of the party; and

      (v)   such further information or document as the Registrar may require for the purpose of satisfying himself that the application complies with this Act or that the party is entitled to be registered under this Act.

   (3) The list referred to in paragraphs (b) (iii) and (iv) of subsection (2) shall be signed by each of the persons named therein.

   (4) A person shall not be considered to be a member of a political party for the purpose of this Act unless he is a citizen of Malawi and has attained the voting age of voters in parliamentary general elections prescribed in a written law.

6.   Certificate of registration

   (1) Where the Registrar registers a political party, he shall issue the party with a certificate of registration and shall register and stamp the copies of the constitution, rules and manifesto of the party submitted with the application and return a copy thereof to the party.

   (2) A registered political party shall display its certificate of registration at its registered office.

   (3) The Registrar shall, as soon as practicable, give notice of the registration of a political party in the Gazette.

7.   Refusal to register political party

   (1) The Registrar may refuse to register a political party if he is satisfied that—

   (a)   the application is not in conformity with this Act;

   (b)   the name of the party—

      (i)   is identical to the name of a registered political party or a political party whose registration has been cancelled under this Act;

      (ii)   so nearly resembles the name of a registered political party or a political party whose registration has been cancelled under this Act; or

      (iii)   denotes a religious faith;

      (iv)   is provocative or offends against public decency or is contrary to any other written law;

   (c)   any purpose or object of the party is unlawful.

   (2) A political party shall be deemed to have a purpose or object which is unlawful for the purpose of this Act if—

   (a)   it seeks, directly or indirectly, to further ethnical, racial or religious discrimination or discrimination on the grounds of colour;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.