International and Regional Human Rights Agreements

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The major constitutional framework guiding civil society, including rights such as the freedom of association, expression and assembly, is the Republic of Malawi Constitution.  Chapter III, Section 12 of the Constitution provides the following as some of its core principles:

1. All legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests (S12 (i))
2. The inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect fundamental human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote (S12 (iv)).
3. As all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society (S12 (v)).
4. All institutions and persons shall observe and uphold the Constitution and the rule of law and no institution or person shall stand above the law (S12 (vi).

Specifically, Chapter IV of the Constitution contains a Bill of Human Rights that relates to civil society. For example, freedom of association is enshrined in the Constitution under Section 32, which reads: (1) Every person shall have the right to freedom of association, which shall include the freedom to form associations; and (2) no person may be compelled to belong to an association.

Freedom of conscience is under Section 33 and reads: “Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom.”

Freedom of opinion is under Section 34 and reads: “Every person shall have the right to freedom of opinion, including the right to hold opinions without interference to hold, receive and impart opinions.”

Freedom of expression is under 35 and reads: “Every person shall have the right to freedom of expression.”

Freedom of the press is under Section 36 and reads: “The press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information.”

Access to information is under Section 37 and reads: “Subject to any Act of Parliament, every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.”

Freedom of assembly is under 38 and reads “Every person shall have the right to assemble and demonstrate with others peacefully and unarmed.”

Other constitutional provisions that relate to civil society include Access to justice and legal remedies; Arrest, detention and fair trial; Administrative justice; Privacy; Equality; Protection of human rights and freedoms; and the right to life.

National Laws and Regulations Affecting Sector

There are several laws and regulations that affect the operations of the civil society. The key laws and regulations include:

Trustees Incorporation Act of 1962

The Trustees Incorporation Act is the major regulatory law guiding the operations of civil society, foundations, and charitable organizations that operate as trusts. This law, in principle, guides the operations of all entities that are not-for-profit.

Companies Act 2000

The Companies Act regulates companies that focus on profit-making. It requires the company to declare profit returns as an accountability mechanism. However, some NGOs operate under this law. During the rule of the late former President, Prof. Bingu wa Mutharika, debate arose around whether NGOs could be registered and operate under the Companies Act, since they are not-for-profit organizations. The general consensus among lawyers is that NGOs are free to register either under the Company Act or Trustees Incorporation Act, provided that they operate within the confines of the law.

NGO Act of 2000

Regardless of whether an organization is registered under the Trustees Incorporation Act or Companies Act, all NGOs must register under the NGO Act to legally operate in Malawi. Thus, the NGO Act of 2000 seeks to: provide for the rights and obligations of NGOs in Malawi; promote the development and values of strong independent civil society; provide for the establishment, functions and powers of the NGO Board of Malawi and the rights of the public to access information with respect to registered organizations; and to provide for matters incidental thereto or connected therewith. .

The said Act applies to all NGOs within Malawi which fulfill the following conditions:

a) it has written constitution or governing instrument;
b) it is not established, administered or controlled directly or indirectly by the Government of Malawi, or any other Government;
c) it applies all its funds and resources for public benefit purposed only;
d) it does not transfer or distribute, whether directly or indirectly, any benefit to its members, donors, trustees, directors or other officers, or their associates or next of kin, except if such benefits represent:-
(i) reasonable remuneration for services actually rendered; or
(ii) benefits conferred, without favour or discrimination, by reason of the beneficiary being part of an eligible group or category entitled to benefit in accordance with the public purpose of the organization concerned;
e) it is not for private profit or gain for the persons controlling or managing the affairs of the NGO without prejudice to the rights and privileges of employees;
f) it is managed or controlled by a committee, Board or Trust;
g) it serves all eligible people, regardless of age, gender, tribe, race, religion, creed, sex, political affiliation, nationality, disability or being a member of a minority group;
h) it is not a church or religion organization of a purely evangelistic or proselytizing nature;  and
(i) it is not a political party, trade union or a social club created to pursue the pleasures of its members.

However, Section 5 of the NGO Act states that subject to the provisions of Section 20 (2), the Act shall not be applicable to an organization which is:

a) informal, and does not have a written constitution;
b) excluded so that it belongs to a category of organizations deemed not to fall within the ambit of this Act;
c) established, administered or controlled by or on behalf of the Malawi Government or other Government; or
d) specially exempted, so that the Board has determined in its discretion that such organization is to be exempted from all or some of the requirements of this Act.

Police (Amendment) Act of 2010

The revised Police Act of 2010 gives the police the powers to conduct searches without a court warrant. As a result, they can invade NGOs’ offices or the houses of human rights defenders on flimsy grounds, potentially violating the right to privacy. In addition, such a law may compromise the security and independence of NGO operations. During the reign of the former President, Prof. Bingu wa Mutharika, the police used the new Act in 2011 to harass the former Chairperson of the Malawi Human Rights Commission, Mr. John Kapito, who is also the Executive Director for Consumer Association of Malawi (CAMA).

Malawi Revenue Authority (MRA) Act of 1998

The Malawi Revenue Authority Act regulates the operations of the MRA as the government’s revenue collection agency.  The Act further provides exemption from duties up to a given threshold for NGOs with approval from the Council of NGOs of Malawi (CONGOMA), a membership umbrella organization that represents the interests of NGOs. Under the Act, the Minister of Finance has powers to put a tax waiver on goods and service, and NGOs can apply for a waiver. However, in practice, it is very difficult for NGOs to be granted a tax waiver since they are usually perceived to be anti-government. This means that, as non-profit making institutions, NGOs face disproportionate taxes that limit their contribution to national development.

Taxation Act

The Taxation Act regulates taxes in Malawi on goods and services and classifies goods that are exempt from taxes. As a general matter, NGOs are subject to taxation, and those evading tax may be charged under the Taxation Act. An exception is made for charitable organizations, such as churches. In addition, the NGO Act provides for a tax waiver to NGOs through CONGOMA, subject to approval by the Minister of Finance.

Pending NGO Legislative / Regulatory Initiatives

1. Three bills aimed at reforming the judiciary

On December 20, 2024, Malawi’s National Assembly approved three judicial reform bills aimed at reforming the judiciary: the Constitution (Amendment) Bill, 2024; the Courts (Amendment) Bill, 2024; and the Judicial Service Administration Bill, 2024. These legislative measures are designed to enhance the efficiency, accountability, and independence of the judiciary and to align it more closely with constitutional principles.​ The judicial reform bills are:

1. Constitution (Amendment) Bill, 2024: This bill proposes amendments to the national Constitution to strengthen judicial independence and ensure a more effective separation of powers.​
2. Courts (Amendment) Bill, 2024: This bill is aimed at restructuring the court system by improving the administration of justice, streamlining court procedures, and addressing systemic inefficiencies.​
3. Judicial Service Administration Bill, 2024: This bill focuses on the administration and governance of the judiciary and introduces measures to enhance transparency and accountability within judicial operations.​

As of June 2025, these bills are awaiting presidential assent to be enacted into law. ​The Malawi Law Society (MLS), however, has continued to be a key advocate for these reforms by actively participating in the drafting and promotion of the bills. The MLS emphasizes hat these reforms are crucial for aligning Malawi’s judiciary with constitutional values and enhancing efficiency and improving access to justice.

2. NGO Act Regulations

In 2023, Malawi’s NGO Act was amended, which brought important changes to the legal framework governing NGOs. The amendments introduced provisions for enhancing transparency and accountability, including the regulation of NGO registration and partnerships, complaint-handling mechanisms, and reporting obligations. Following the amendment of the NGO Act, the regulations necessary for its implementation were drafted and are currently under review at the Cabinet level. The draft regulations, however, have faced significant opposition from CSOs, particularly due to a provision that prohibits political and election activities by NGOs. CSOs argue that this provision could severely limit the ability of NGOs to engage in advocacy and participate in political discourse, including promoting democratic values and the participation of marginalized groups in electoral processes. As of June 2025, the draft regulations remain at the Cabinet level where they will await approval before being introduced to Parliament.

3. Development of the Regulations for the Implementation of the NGO (Amendment) Act, 2022

Following the call for input on the development of the regulations for the implementation of the NGO (Amendment) Act, 2022, the NGO Regulatory Authority (NGORA) organized an inter-sectoral input debriefing in early February 2023 for NGO sectoral networks. The meeting aimed at briefing the stakeholders on the issues and positions that NGORA had taken. In the end, NGORA shared the roadmap to be followed, which would lead to the promulgation of the regulations. Subsequently, on February 14, 2023, NGORA organized a feedback meeting on concerns that were raised and international and local NGOs and the National Advocacy Platform were invited to attend the meeting. However, the meeting failed to resolve the modalities of the partnership between international and local NGOs. NGORA also engaged general secretaries of different religious bodies to provide them information on the NGO Amendment Act, 2022. The meeting was important because religious bodies have social arms through which they do charity work and implement various projects similar to NGOs.

Pursuant to the February 14, 2023 meeting, NGORA released the second draft responses on February 28, 2023 to the four sets of regulations: registration; coordination; complaint handling; and operations. The document advised the stakeholders that the second revised draft would be validated at the Council for NGOs’ (CONGOMA) annual general assembly, which was being planned in April 2023. Despite a series of meetings that were organized by the NGORA on the draft regulations, they are yet to be validated and promulgated into a law. However, on May 12, 2023, CONGOMA issued a statement of “commendation, encouragement, desire, and solidarity with the Localization Agenda” in Malawi. The statement came on the heels of serious and deep-rooted “global development injustices,” as expounded in the national address by President Lazarus McCarthy Chakwera on April 28, 2023 during the Opening Ceremony of The Lilongwe Institute of Orthopedics and Neurosurgery. The Localization Agenda is a movement and a principle for social and economic reorganization with the ultimate goal of benefiting local actors.

In response to the above developments, the Local NGO Forum, in its communique dated May 16, 2023, reiterated that the omission by CONGOMA to provide a clear direction on the Localization Agenda is fundamental and that all steps should be taken to ensure that civic space is no longer under threat by administrative and coordination shortfalls by CONGOMA.

Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org

Organizational Forms

Not-for-profit organizations in Malawi may register either as community-based organizations (CBOs) or non-governmental organizations (NGOs).

CBOs operate at the local level, typically within a village and its surrounding areas. They are registered and regulated by the Social Welfare Department of the Ministry of Gender, Women, and Child Development. Once registered, CBOs can open bank accounts. CBOs can be either faith-based or secular. Thousands of CBOs are active in villages and communities throughout the country.

NGOs, by contrast, operate on a much larger scale, from community to regional or national levels. They can register with the Registrar General under either the Trustees Incorporation Act or Companies Act. To enjoy the benefits of NGO status, however, they must also register with both the Council for Non-Governmental Organizations in Malawi (CONGOMA) and the NGO Board of Malawi (now the NGO Regulatory Authority, NGORA) under the NGO Act. An NGO registered under the Trustees Incorporation Act is required to have a Board of Trustees, while an organization registered under the Companies Act must have a Board of Directors. Like CBOs, NGOs may be either religion-based or secular.

According to Section 21(2) of the NGO Act, a certificate of registration serves as proof that an NGO:

1. is a legal entity, separate from its members, with perpetual succession;
2. may engage in public-interest activities and public fundraising across Malawi; and
3. is eligible for fiscal and other benefits accorded to registered NGOs.

CBOs may form informal networks around specific cause(s), while NGOs can establish either informal networks or formal coalitions. Coalitions may register with the Registrar General and seek accreditation from CONGOMA.

As of February 2025, only 167 out of 1,115 NGOs had renewed their licenses with the NGO Regulation Authority (NGORA). In publishing a list of non-compliant organizations, NGORA warned that NGOs without valid licenses for 2025 must regularize their status by March 31, 2025, to continue operating legally.

Public Benefit Status

Section 2 of the NGO Act defines “public benefit purposes” as organizational objectives with developmental or charitable aims including but not limited to, education, health, welfare, advocacy, culture, civic, social, recreation, science, and environmental protection. These purposes must benefit the general public, a section of the public, or the organization’s members. Activities related to churches or religious institutions, trade unions, employers’ organizations, or political parties are excluded from this definition.

Section 33 of the NGO Act provides that NGOs registered under the Act, including exempt organizations, may solicit and accept funds, engage in public fundraising, and pursue activities to further their public benefit purposes, provided they comply with the Act’s reporting requirements and other applicable laws.

NGOs registered with the Registrar General under the Trustees Incorporation Act or Companies Act, and further registered with CONGOMA and the NGO Board of Malawi (now the NGO Regulatory Authority) under the NGO Act, are eligible for public benefit status and the associated privileges set out in Sections 2 and 33.

Public Participation

To institutionalize engagement with the government, NGOs under the National Advocacy Platform (NAP) developed a Civil Society Dialogue Mechanism and submitted it to the President and Cabinet. Building on existing frameworks such as Country Coordination Mechanisms (CCMs), it is expected to enhance government responsiveness to governance and human rights issues and promote greater citizen participation in policymaking and implementation.

In the lead-up to the September 16, 2025, general elections, CSOs engaged in voter-education initiatives aimed at safeguarding the credibility of the electoral process. However, these efforts were hampered by funding constraints, limiting the reach of CSO programs during a period in which increasing political competition and policy uncertainty have made the role of CSOs in strengthening electoral participation and oversight more critical than ever.

Barriers to Formation

National NGOs

NGOs operating in Malawi must register under either the Trustees Incorporation Act or the Companies Act. In addition, under the NGO Act, NGOs are required to register with the NGO Board (now the NGO Regulatory Authority, NGORA) and the Council for Non-Governmental Organizations in Malawi (CONGOMA). The NGO (Amendment) Act of 2022 introduced mandatory registration for all NGOs (except those exempt under Section 23). Under Article 7(2), NGOs are issued certificates valid for five years from the date of registration.

The registration process remains vulnerable to politicization. For example, under the Trustees Incorporation Act of 1962, the Minister of Justice oversees incorporation. This creates a risk that NGOs perceived as opposing the government’s views may be denied registration. In 2013, the then-Minister of Justice refused to register the Association for Secular Humanism (ASH), citing religious objections. Registration was granted only after a new Minister assumed office.

Section 20(3)(a)(iv) of the NGO Act requires NGOs to sign a memorandum of understanding or other agreement with the Ministry responsible for their sphere of activities. This requirement poses a challenge for NGOs responding to unplanned events, such as advocacy campaigns arising from student demonstrations, which may not be covered by pre-existing agreements.

According to Section 20(3)(a) of the NGO Act, an NGO’s registration application should include:

1. A certified copy of the NGO’s constitution;
2. Registration fees;
3. The NGO’s plan of activities;
4. Approval from the Ministry responsible for the activities to be undertaken in the form of a memorandum of understanding or any other agreement between the Ministry and the NGO;
5. Proof that the NGO is a member of CONGOMA;
6. A statement that the NGO shall not engage in partisan politics including electioneering and politicking; and
7. The source of funding for the NGO.

Section 3(b) additionally stipulates that the application form shall contain the following information:

1. Name of the NGO;
2. Physical and postal address;
3. Telephone, facsimile, and telex numbers, where applicable;
4. Full names, addresses, occupations, and nationalities of all Trustees, Directors and other executive Board members;
5. The name and address of the NGO’s auditors;
6. The latest available audited annual financial statements and annual report, for existing NGOs.

NGOs must pay fees to both CONGOMA and NGORA. Local NGOs must pay annual fees of MK 55,000 (USD 130) to CONGOMA and MK 35,000 (USD 88) to ] NGORA for both registration and annual renewal. International NGOs (INGOs) incur higher fees, including MK 128,000 (approximately USD 320) annually to CONGOMA and MK 120,000 (approximately USD 300) for registration and MK 105,000 (USD 263) for annual renewal to NGORA. These fees apply regardless of an NGO’s size, funding, or activities. The amounts are determined by CONGOMA and NGORA, rather than being prescribed in law, and are subject to periodic review.

The dual registration system—requiring NGOs to register with both CONGOMA and NGORA—places a burden on new organizations to raise money to register with both entities. In addition, NGOs must provide audited accounts to NGORA during registration even if they have not yet secured donor funding or implemented any projects. Failure to comply can lead to fines or suspension.

Legal provisions prohibit the formation and operation of “unregistered groups.” Potential sanctions include fines, subject to court determination.

For community-based organizations (CBOs), the Ministry’s guidelines stipulate that founders should come from the local community and may include chiefs, community social workers, and ordinary citizens.

According to Section 20(2) of the NGO Act, at least two directors or trustees of an NGO must be Malawian citizens.

Foreign NGOs

The NGO (Amendment) Act of 2022 does not contain special rules or restrictions for the registration or incorporation of foreign NGOs, except that all NGOs registered under the Board must have at least two Malawian trustees or directors. However, as noted above, foreign NGOs have their own category of fees, even though this is not documented in the Act.

Barriers to Operations

Cancellation or Suspension

Section 23 of the NGO Act empowers the NGO Regulatory Authority (NGORA) to cancel or suspend the registration of an NGO that has ceased operations, failed to comply with the Act or other legal requirements, or engaged in partisan political activities. In addition, Section 23(2) allows the NGO coordinating body—currently CONGOMA—to recommend cancellation or suspension where it has good or valid reasons.

An order to cancel or suspend an NGO’s registration cannot be issued without:

1. Providing the NGO at least thirty days’ prior written notice; and
2. Affording the NGO an opportunity to respond, either verbally or in writing.

NGOs may appeal such decisions to the High Court, although many lack the capacity or resources to pursue judicial review.

Memorandum of Understanding (MOU)

As described above, NGOs are required to sign an MOU or similar agreement with the Ministry overseeing their area of activity. This requirement may function as a mechanism for advance approval of NGO operations, potentially constraining their ability to respond to unplanned events or emerging needs.

Reporting Requirements

Section 22(1) of the NGO Act mandates that registered NGOs submit specific information to the Registrar’s office annually, including:

• Audited financial statements;
• An annual activity report;
• Details of its trustees, directors, office bearers, auditors, and other information; and
• Its source of funding

Additionally, NGOs must provide:

• Certified copies of any amendments to their constitution or government instruments within 60 days of adoption; and
• Any further information about officers and activities as requested by the Board.

According to NGORA, many local and international NGOs fail to comply with the legal requirement to submit annual audited financial reports. In January 2025, NGORA introduced revised requirements mandating all NGOs to conduct annual financial audits and provide detailed reports on their funding sources and expenditures. While NGORA maintains that these measures are intended to promote transparency and accountability in the sector, CSOs have expressed concerns that the new requirements impose excessive bureaucratic burdens and risk enabling government overreach.

Threats of De-registration

Although the NGO Board has not formally de-registered any organizations, it has repeatedly threatened to close NGOs that fail to comply with registration requirements. In 2013 and 2014, the Board warned it would invoke legal powers under Section 18 of the NGO Act to discipline and shut down non-compliant NGOs but did not follow through.

Successive governments have also used threats of de-registration to pressure civil society, with officials citing accountability concerns as justification. in November 2020, the government threatened to close some NGOs for not being sufficiently accountable with the resources they received from donors. In some cases, authorities, including the Malawi Revenue Authority, have targeted NGOs with tax inquiries and public warnings—actions often perceived as attempts to intimidate. In 2021, the NGO Board barred the United Mission Foundation from operating for failing to register, while local officials in Chikwawa District criticized NGOs for not disclosing project budgets.

Targeting NGOs that are Critical of the Government

The government has repeatedly failed to protect NGO representatives critical of its policies. During and after the July 2011 protests over poor governance and corruption, NGO leaders faced arson attacks, destruction of property, and death threats, forcing some into hiding while police took no action against perpetrators.

This pattern has persisted. In 2016, human rights activists were falsely accused of treason for allegedly plotting regime change with foreign diplomats. The NGO Board’s claims that “90% of NGOs lack accountability” have often been viewed as attempts to justify crackdowns on dissenting organizations.

In 2019, after NGOs demanded investigations into the killing of Lule Buleya in police custody, the NGO Board accused the Centre for the Development of People (CEDEP) of being unregistered and therefore operating illegally. The Board threatened legal action, while CEDEP argued that it had complied with other registration laws and was protected by the constitutional right to association.

Physical attacks and legal harassment also continue. For example, prominent activists Gift Trapence and Macdonald Sembereka faced prosecution over the alleged misuse of donor funds, which was seen as retaliation for their monitoring of government operations. In another incident, HRDC’s Billy Mayaya was attacked in front of police with no consequences for the assailants.

Fee Hikes on NGOs

The government secretly introduced steep fee increases for NGOs in early 2018, raising annual and registration fees from MK 50,000 (USD 69) to between MK 1 million and MK 2 million (USD 1,388–2,776) without consultation. The government justified the hikes as necessary for “transparency and accountability,” but CONGOMA denounced them as illegal and urged NGOs not to pay, calling the move a deliberate attempt to restrict NGO operations.

In response to NGO opposition, the government held a roundtable discussion about the issue. Following the roundtable, the government announced that it would slightly reduce fees for local organizations, while maintaining the higher fees for international NGOs. On April 9, 2018, CONGOMA obtained a temporary court injunction blocking the hikes.

Despite this, in 2021, the NGO Board issued new fee regulations and instructed NGOs to resume payments, again without consulting stakeholders. These excessive fees pose a serious threat to smaller, donor-dependent NGOs.

Other Issues

The state has at times sought to undermine independent NGOs through subversion and infiltration, including by placing state agents within organizations. There have also been instances of financial or political support for government-affiliated and other NGOs and cases where activists or their organizations have aligned with political parties to advance partisan agendas.

While the government does not typically establish its own NGOs, there is a long-standing tradition in Malawi of presidents and first ladies founding charities. These charities, often perceived as government-run NGOs, have raised accountability concerns due to their close association with the presidency.

Barriers to Expression

While Section 35 of Malawi’s Constitution guarantees freedom of expression, the Penal Code contains provisions that undermine this right. Sections 50 and 51 on sedition are particularly problematic, as they criminalize any act, speech, or publication deemed to “bring into hatred or contempt” the President or government, to “raise discontent” among citizens, or to promote “ill-will and hostility” between different classes of the population. Offenses carry penalties of fines of ₤400 and up to five year’s imprisonment (or seven for repeat offenses), and seditious publications are subject to forfeiture. Although the law exempts criticism aimed at lawful reform, its broad and vague definitions allow for misuse and censorship.

Beyond these legal barriers, several practices have restricted free expression in recent years:

• State media bias: The state broadcaster, Malawi Broadcasting Corporation (MBC), has been criticized for favoring the ruling party in its coverage and limiting access for opposition parties and NGOs with differing views. This bias is particularly evident during election periods, undermining freedom of expression and equitable advocacy opportunities. (S: publicmediaalliance.org)
• Demonization of Critical NGOs: Government officials have publicly disparaged NGOs that challenge governmental actions or policies. For instance, NGOs demanding accountability in corruption cases, such as those involving businessperson Zuneth Sattar, have faced significant criticism and legal threats, potentially deterring them from exercising their right to free speech. (See: nyasatimes.com) Groups campaigning against public funds being funneled to charities linked to the First Lady and political groups have also been targeted.
• Repression of Minority Rights Advocates: NGOs promoting minority rights, including LGBTQI+ rights, have been denied registration, accused of endorsing illegal activities, and subjected to inflammatory rhetoric by politicians, including incitement to violence. (see: state.gov)
• Restrictions on Media Freedom: In September 2019, the Malawi Communications Regulatory Authority (MACRA) imposed a ban on live phone-in programs, citing concerns over potential violence from live reporting of demonstrations. The Media Institute of Southern Africa (MISA) Malawi Chapter successfully challenged this ban in court, with the ruling affirming that MACRA’s actions violated constitutional freedoms of the press and access to information. (See: state.gov)
• Limitation on Industrial Actions: The Labour Relations (Amendment) Act of 2021 limits employees’ right to strike to a maximum of three days per year, with wages withheld beyond this period, thereby curbing workers’ ability to advocate for their rights.
• Crackdown on Anti-Corruption Advocates: The arrest of Anti-Corruption Bureau (ACB) Director General Martha Chizuma in early 2023, following the leak of audio where she discussed corruption within government entities, exemplifies attempts to silence watchdogs. Although charges were dropped after public outcry, the incident raised concerns about the government’s commitment to combatting corruption. (See: mw.usembassy.gov)

These instances highlight the ongoing challenges to freedom of speech and advocacy in Malawi that stifle dissent, restrict civic space, and deter NGOs, media, and individuals from exercising their right to free expression.

Barriers to Resources

In recent years, the operational landscape for NGOs in Malawi has experienced significant regulatory changes that impact their access to resources, including:

1. Mandatory Conversion of Foreign Exchange: In December 2024, the Malawian government implemented the Exchange Control (Holding Foreign Currency Denominated Accounts and Mandatory Conversion of Foreign Currency Receipts) Regulations, 2024. These regulations require NGOs to convert 70 percent of their foreign currency receipts into local currency within a specified period.
2. Coordination of Disaster Assistance: During the devastating floods of early 2015, the NGO Board of Malawi directed all NGOs providing services to flood victims to operate through government structures. The Board also appealed to donors to support only registered NGOs, citing concerns over the proliferation of unscrupulous organizations in disaster assistance.
3. Regulatory Oversight and Compliance: In light of the country’s ongoing food insecurity, the NGO Regulatory Authority (NGORA), formerly known as the NGO Board, continues to emphasize that NGOs must operate within established government frameworks to ensure coordination and prevent unregistered organizations from diverting aid.

While these measures aim to enhance transparency, accountability, and the efficiency of aid distribution, they also present challenges for NGOs in terms of financial management and operational autonomy. The mandatory foreign currency conversion, in particular, restricts NGOs’ ability to manage funds effectively, potentially hindering their capacity to deliver essential services, while measures designed to increase the efficiency of aid distributions could impede NGOs’ ability to receive support promptly during critical times.

Barriers to Assembly

Legal Protections and Accessibility

Although Malawi does not have specific legislation governing assemblies or public gatherings, the Police Act 2009 contains provisions regulating public order in relation to public assemblies, processions, demonstrations, and football matches. However, the law is not easily accessible to the public. It is not available online or in other public places such as libraries, and even the official website for the Malawi Parliament, which lists some enacted laws, omits the Police Act. This lack of accessibility limits public understanding of the legal framework and contributes to widespread misconceptions about the regulation of public assemblies and gatherings.

Vague Provisions

The Act contains broad and ambiguous language that grants excessive discretion to law enforcement. For example, Section 107(2) states that “a person shall be deemed to be acting in lawful authority if he is acting in his capacity as a police officer or a member of the Defense Force of Malawi deployed to assist the police in the particular instance or as a member of a fire brigade.”

This sweeping provision risks abuse of authority, particularly in the context of protests and demonstrations, as it fails to define what constitutes a “lawful act.”

Advance Notification

Section 96(1) of the Police Act requires organizers of assemblies or demonstrations to notify the District Commissioner in writing between 48 hours and 14 days in advance, with a copy sent to the relevant police station. If notice is given less than 48 hours in advance, the convener must justify the delay. Section 96(2) obliges the District Commissioner to acknowledge receipt by stamping the notice and recording the date and time.

Upon receiving a notice, the District Commissioner is required to consult with the police officer in-charge. However, the Act does not specify how quickly the District Commissioner must consult police authorities or notify organizers.

The law does not provide an exception for spontaneous demonstrations. As for counter-demonstrations, Section 99(1) of the Police Act allows the District Commissioner, on reasonable grounds, to refuse a request or impose conditions to maintain separation between opposing groups.

Obligations on Organizers

Section 106(1) of the Police Act stipulates that if any riot damage occurs as a result of an assembly or a demonstration, the organization, convener, and individual participants can all be held jointly responsible, even if the damage was caused by others acting unlawfully.

Time, Place, Manner Restrictions

Section 103 prohibits assemblies and demonstrations within 100 meters of sites being used as Parliament, State Residences, and courts unless explicitly authorized by the Speaker, President, or Chief Justice.

Excessive Force

The police have used excessive force to disperse demonstrations, including those organized by university students, vendors, and even primary school pupils. Despite some improvements in recent years, police often fail to provide sufficient protection to organizers and participants, particularly during politically charged protests.

During demonstrations organized by the Human Rights Defenders Coalition (HRDC) in September 2019, violent clashes broke out between Democratic Progressive Party (DPP) loyalists and demonstrators. In the process, the HRDC Chairperson for the South, Dr. Billy Maya, was assaulted, and four other demonstrators were injured in the presence of police, prompting condemnation from the Public Affairs Committee (PAC). The Malawi Human Rights Commission investigated the incident, finding that proper notice had been given to the police and the city council, and that the violence escalated after DPP loyalists organized counter-demonstrations.

In Karonga District the same month, a protester died in custody following alleged beatings by military personnel. Despite public outcry, the police had not released their investigative report as of October 2019.

Continued demonstrations in September 2019 also affected Queen Elizabeth Hospital, where police fired tear gas into the children’s and maternity wards while chasing protesters, causing panic and endangering patients. The incident drew widespread condemnation from local and international actors, who urged police to exercise restraint.

Criminal and Financial Penalties

Section 107(1) of the Police Act makes it a criminal offense to carry any weapon during an assembly or demonstration—lawful or otherwise—without proper authority. Offenders may be arrested without a warrant and face penalties of up to MK 100,000 (approximately USD 60) and two years’ imprisonment.

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While we aim to maintain information that is as current as possible, we realize that situations can rapidly change.  If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Parliament passes mental health bill (April 2025)
Parliament has passed Bill No. 17 of 2025, Mental Health, which replaces the outdated Mental Treatment Act of 1948. The Bill shifts the focus from a medical-based approach to a human rights-based approach, prioritizing the dignity and well-being of individuals with mental health conditions. It also establishes the Mental Health Board to regulate the management, treatment, and rehabilitation of people with mental health issues and promote their human rights and freedoms. Speaking in parliament, Minister of Health Khumbize Kandodo Chiponda said the bill introduces new ways of treating, caring for, and supporting persons with mental health issues.

1,000 NGOs risk legal action (April 2025)
Ahead of the March 31, 2025 deadline, approximately 1,000 NGOs risked legal action if they failed to obtain 2025 licences. The deadline underscores the Malawi NGO Regulatory Authority (NGORA)’s resolve to bring all organizations into compliance with registration requirements and aims to enhance oversight, financial discipline, and operational transparency within the sector. By late April 2025, NGORA reported stronger compliance, though hundreds remained unlicensed, reflecting ongoing struggles to align all organizations with the new framework and regulations.

RBM forex measures excite financial market dealers (April 2025)
Financial Market Dealers Association of Malawi (Fimda) president Leslie Fatch has commended the Reserve Bank of Malawi (RBM) for amending foreign exchange controls to incentivize exporters and boost foreign exchange reserves. But he said they regard the changes in licensing as administrative for continued oversight by the central bank as a regulator, as such, they will wait to see the effectiveness in the implementation. Fatch said, “We have been advocating for a review of the retention policy for the non-governmental organisation [NGO] receipts, so the changes made will improve the forex liquidity compared to the initial regulations, which were effected in December 2024.”

Malawi lowers 2025 growth forecast as inflation spurs protests (February 2025)
Malawi’s government trimmed its economic growth forecast for this year in its annual budget as disgruntled citizens protested in major cities over rising prices. The protesters are mostly street vendors who accuse the government of failing to control double-digit inflation, which they say is putting them out of business. As their demonstrations have spread from the capital Lilongwe to the main commercial city Blantyre, they have been joined on the streets by jobless youths unhappy with President Lazarus Chakwera’s government.

NGORA reiterates that registration is to protect NGOs from being involved or targeted by risk activities (November 2024)
The Non-Governmental Organisation Regulatory Authority (NGORA) has reminded NGOs to observe laws and have themselves registered, saying operating without a registration certificate is illegal. Speaking yesterday at a press briefing at Bingu International Convention Centre (BICC) in Lilongwe, NGORA Chief Executive Officer Edward Chileka-Banda emphasized that NGOs need to register before starting operations in Malawi. He reiterated that getting registered is meant to protect the NGOs and the community from being involved or targeted by risk activities — hence the need to ensure that NGOs are operating legally in the country. The directive is a follow up to the public notice and several communications that NGORA made and Chileka-Banda said once NGOs are registered, it is required of them to submit annual reports to the Authority.

Government launches K1 Billion NGO Fund (August 2024)
Government through the Ministry of Gender, Community Development and Social Welfare launched a K1 billion non-governmental organization (NGO) Fund. Minister of Gender, Jean Sendeza, who presided over the launch, said the fund signifies governments commitment to improving and sustaining the operations of NGOs in Malawi.

Malawi ruling against same-sex relationships sparks debate (July 2024)
Conservative church leaders are praising a recent ruling by Malawi’s Constitutional Court refusing to decriminalize same-sex relationships, while human rights groups are condemning the move in the southern African nation. In a landmark ruling on June 28, the court dismissed a case brought by two applicants challenging Malawi’s laws criminalizing same-sex relationships, wanting the court to legalize gay relationships in the country. The two applicants, Jan Willem Akster from the Netherlands and a Malawian trans woman, Jana Gonani, were responding to criminal charges in lower courts. Akster had been accused of sexual abuse and sodomy, while Jana faces trial for what Malawian law described as “unnatural behavior.”

Activists Differ On the Impending National ‘Shut Down’ Demonstrations (June 2024)
Some renowned human rights activist in the country have differed on the impending national wide demonstrations which some concerned citizens led by some human rights activists have organized next month. The demonstrations dubbed ‘Malawi shutdown demonstrations’ have been scheduled to take place in the country’s major cities on July 10 and are meant for the concerned Malawians to voice out their frustrations on the continued high cost of living as well as poor governance in the country. However, reacting to the development, one the renowned human rights activist, Undule Mwakasungula has faulted the timing of the demonstrations saying the country is still mourning for the death of the vice president and eight others who died in a plane crush early this month.

Joint Civil Society Calls for Immediate Action: Finalize and Enact Judicial Reform Swiftly in Malawi (March 2024)
In collaboration with diverse stakeholders, civil society formally submitted reflections on the Constitution (Amendment) Bill, 2023, and the Judicial Service Administration Bill, 2023 to the Malawi Law Society (MLS) on December 18, 2023. As a sector, we unequivocally endorse these proposed reforms, recognizing their profound impact on fortifying judicial accountability and expanding access to justice in Malawi. Swift enactment of these Bills is paramount to ensure equitable access to justice for all citizens.

Over 200 Malawian NGOs Risk Closure (January 2024)
At least 200 NGOs risk closure after March 30 this year for failing to comply with the NGO Act. According to the Chief Executive Officer of the Non-Governmental Organisations Regulatory Authority (NGORA), Edward Chileka-Banda, NGORA has started engaging some local and international organizations on the matter. He has told Capital FM online that NGOs that continue to be non-compliant after March 30 this year will be deregistered while others will pay fines.

Chizuma hails anti-corruption strategy (August 2023)
Anti-Corruption Bureau (ACB) director general Martha Chizuma has hailed the National Anti- Corruption Strategy (Nacs II) for improving coordination among various entities in fighting corruption. She said through the strategy several ministries, departments, and agencies (MDAs) are setting up institutional integrity committees (IICs).

ACB says ICC to help corruption fight (July 2023)
The Anti-Corruption Bureau (ACB) has said the Police Independent Complaints Commission (ICC) will help reduce corruption cases among police officers and the police institution. ACB director of corruption prevention Mary Phombeya said this during a meeting with  local oversight institutions that was supported by the United Nations Development Programme (UNDP).

Local firm launches service to combat corruption in procurement (August 2023)
In a concerted effort to tackle corruption in tendering and procurement processes, Product and Business Services Limited (PBSL), a local firm, has unveiled its anti-corruption website, Tenderite. This innovative digital platform, referred to as the “Corruption Vaccine,” aims to reform the way institutions source and assess quotations and bids, mitigating issues such as corruption, fraud, bias, unfairness, and nepotism.

Police suspicious of refugees’ containers (August 2023)
The Malawi Police Service has raised suspicion that some of the shipping containers refugees used for business and impounded during their relocation exercise contain several crime-related materials and contraband, including illegal firearms and foreign currency.

Anti-Corruption Bureau drops 70% probed case (May 2023)
The Anti-Corruption Bureau (ACB) threw out 70 percent of already investigated cases for lack of evidence. This is contained in the bureau’s 2021-22 annual report, which has been submitted to the Legal Affairs Committee of Parliament. According to the report, cases which had been completed in terms of investigations were 151 and out of these cases, 36 were recommended for prosecution, representing 24 percent, while 106 cases were closed, representing 70 percent. Nine cases, according to the report, were referred to other institutions for their action, representing six percent.

HRDC worried about corruption fight pace (May 2023)
The Human Rights Defenders Coalition (HRDC) has stated it is concerned that there are “many” unresolved corruption cases in the country. HRDC made the observation during a meeting the coalition’s leadership had with President Lazarus Chakwera at Kamuzu Palace in Lilongwe.

Relocated Refugees in Malawi Decry Dehumanizing Conditions (May 2023)
In Malawi, hundreds of people who were forcibly relocated to the country’s only refugee camp are complaining of poor conditions with no food, clean water or shelter. The U.N.’s refugee agency and the World Food Program say they cannot cater to the needs of those at the highly congested camp because of funding shortfalls. Malawi’s government recently started to forcefully relocate about 8,000 refugees or asylum seekers who were residing in areas outside the Dzaleka refugee camp.

Govt withdraws Chizuma’s interdiction letter (February 2023)
The Government has reversed its decision to interdict Anti-Corruption Bureau (ACB) director general Martha Chizuma and advised her to return to office. Chizuma, however, had already returned to work backed by a High Court order that Malawi Law Society (MLS) obtained when it challenged the interdiction earlier this month and sought a judicial review on government’s decision.

The Anti-Corruption Bureau arrests five over Affordable Inputs Programme (AIP) (January 2023)
The Anti-Corruption Bureau (ACB) arrested two chiefs and three other individuals in Mponela, Dowa for abuse of office and being found in possession of other people’s national identity cards (IDs). The arrests are in relation to the sale of fertilizer in the on-going controversial Affordable Inputs Programme (AIP).

NGORA orients faith leaders on new NGO Act (January 2023)
NGORA, a state-owned registrar and regulator of all NGOs, engaged general secretaries and religious bodies to orient them on the NGO Amendment Act, 2022. The meeting gave faith leaders the opportunity to provide their input into the regulations NGORA is developing for operationalization of the Act. In her remarks, Minister of Gender, Community Development and Social Welfare, Patricia Kaliati, commended NGORA for organizing the orientation, saying religious institutions have social arms through which they do charity work and implement various projects like NGOs.

“Fighting corruption is not the easiest task of any government” (July 2022)
The President is acutely aware that Malawians expect and want him to act decisively on the war against corruption cartels and hoped the Anti-Corruption Bureau report would accord him the legitimate basis to crackdown on corruption cartels, which could earn him the principal anti-corruption champion tag. The President was portrayed by ACB as a monumental log in the fight against corruption.

NGOs boycott meeting about new law (June 2022)
The NGO Regulatory Authority (NGORA) has extended an olive branch to some NGOs, which are in disagreement with the newly amended NGO Act. The NGOs, which include the Centre for Human Rights and Rehabilitation (CHRR) and Youth And Society, boycotted a meeting NGORA organized in Lilongwe aimed at orienting the NGOs on the new law. CHRR Executive Director Michael Kaiyatsa said the gathering had no bearing since the bill was already assented to law by President Lazarus Chakwera.

CSOs say “No“ to NGO Amendment Bill (April 2022)
CSOs have called on President Lazarus Chakwera not to assent to the NGO Amendment Bill, which parliamentarians passed in March 2022. One of the CSO leaders, Centre for Human Rights and Rehabilitation (CHRR) Executive Director Michael Kaiyatsa, stated the bill has provisions that will choke CSO operations in the country.

CSOs in fresh push over NGO Bill (April 2022)
In a bid to stop President Lazarus Chakwera from assenting to the NGO Bill recently passed by Parliament, CSOs penned Parliamentary Legal Affairs Committee to argue that unless the glaring concerns in the Bill are addressed, its good intentions may be rendered null. Human Rights Defenders Coalition (HRDC) chairperson Gift Trapence and National Advocacy Platform chairperson Benedicto Kondowe stated that if assented into law, the Bill would significantly restrict and undermine operations of the NGO community in the country.

Anti-Corruption Bureau obtains order against Karim Batatawala (March 2022)
The Anti-Corruption Bureau (ACB) has issued an order restricting Abdul Karim Batatawala, Fletcher Nyirenda, and Limbani Chawinga from disposing of, or dealing with, properties and vehicles connected to a probe the bureau is undertaking. Businessman Batatawala, Department of Immigration and Citizenship Services former commissioner for operations Nyirenda, and deputy director Chawinga are answering charges bordering on corruption and money laundering.

Growing levels of corruption (February 2022)
One striking disclosure has been the purported audio leakage of the Director General of the Anti-Corruption Bureau (ACB). In the said audio, the ACB Chief lamented the scale of corruption in the country and further bemoaned lack of support from the President and strategic allies such as Director of Public Prosecution, Attorney General’s Office, and Police. Following the audio leakage, the President summoned the Bureau Chief and warned her for breach of the oath of secrecy.

ARCHIVE

CSOs urge arrest of Minister of Civic Education (December 2021)

CSOs want same-sex criminal laws annulled (December 2021)

Beam Trust on Anti-Corruption Bureau Radar (July 2021)

Ntcheu NGOs Shunning Remote Areas (May 2021)

NGO calls for greater SRHR awareness among girls (May 2021)

National Advocacy Platform Against Selective Justice (August 2020)

Malawi high court sets aside coronavirus lockdown pending review (April 2020)

Court sides with MCP witness Suleman on network hitches (November 2019)

Malawi Political Standoff Shows No Sign of Abating (October 2019)

Malawi Police fire teargas inside Queens Hospital (September 2019)

ACB banks on chiefs for corrupt free-elections (May 2019)

Central Region Police boss, 8 others implicated in Buleya’s death (May 2019)

New concern for albino attacks as Malawi elections loom (February 2019)

Clash on NGO law (November 2018)

CSOs call for review of Malawi NGO Policy (March 2018)

Salima CSOs punch holes in draft NGO Policy and amendments Bill (June 2017)

Parliamentary committee starts ‘Maizegate’ inquiry today (January 2017)

Malawi’s NGO fight for survival (February 2016)

Stakeholders speak on new NGO Board Policy (May 2016)

Parliament to Consider Access to Information Bill (February 2016)

Pressure to Reject Information Bill (January 2016)

Kaliati rails at Malawi CSOs for not helping flood victims (January 2015)

CSOs demand good leadership (January 2015)

Malawi ranks 16th in African Government Index (October 2014)

Malawi NGOs urged to be transparent (September 2014)

President announces NGO Act to be Reviewed (August 2014)

Voter Education NGOs May Face Backlash from Certain Candidates (May 2014)

Malawi NGOs told to register by June 30 or else (July 2013)