Suleman Chitera 
By Suleman Chitera
25 September 2026
Malawi’s multiparty democracy must not be weakened through enforcement measures that disproportionately burden small and financially struggling political parties, political commentator Imran Jumbe has warned.
Jumbe’s remarks come amid growing attention to enforcement action by the Office of the Registrar of Political Parties, headed by Registrar General Dr Kizito Tenthani, after eight political parties were fined between K3 million and K5 million for breaches identified during compliance inspections.
According to reports, the affected parties include the Assembly for Democracy and Development (ADD), Mbakuwaku Movement for Development (MMD), Nationalist Patriotic Party (NPP) and Liberation for Economic Freedom Party (LEFP). The Registrar’s office said some parties were operating from members’ homes or makeshift premises, while others had changed their leadership without updating their registered particulars.
The parties were reportedly given 30 days to pay the fines and regularise their affairs, with a further K500,000 daily penalty warned for continuing non-compliance.
Jumbe argues that while political parties must comply with the law, enforcement should also be examined through the broader constitutional principle of political participation.
“Yes, political parties must obey the law. But laws must never become instruments for suffocating political pluralism,” Jumbe said.
His concern is particularly focused on the position of smaller parties, many of which lack parliamentary representation and have significantly fewer financial resources than the country’s established political organisations.
For Jumbe, the central question is whether the enforcement regime creates a practical environment in which political parties can comply with the law while still having the opportunity to organise, recruit members and develop their political programmes.
What does the Constitution say?
Malawi’s Constitution expressly protects political participation.
Section 32 guarantees freedom of association, while Section 40 provides that every person has the right to form, join, participate in the activities of and recruit members for a political party. It also protects the right to campaign for a political party or cause and to participate in peaceful political activity intended to influence the composition and policies of government.
The Constitution also provides for political parties that obtain more than one-tenth of the national vote to receive state funding during the life of Parliament.
The legal framework, however, also imposes obligations on political parties.
The Political Parties Act, 2018 establishes rights and duties for political parties, including their participation in elections, organisation of rallies and access to political expression.
The Office of the Registrar of Political Parties also states that political parties must satisfy legal and regulatory requirements governing registration and operation. Its current registration guidance refers to broad national representation requirements and other compliance obligations.
The debate, therefore, is not simply about whether political parties should obey the law. It is also about how regulatory requirements and penalties should operate within a constitutional democracy that protects political association and participation.
“Do not burn the seed because it has not yet become a tree”
Jumbe says Malawi should avoid creating conditions in which financial capacity becomes a decisive factor in determining which political organisations can remain active.
“Do not burn the seed because it has not yet become a tree,” he said.
He argues that smaller political parties should be given an opportunity to organise, recruit supporters, build structures and present alternative political programmes to Malawians.
“Let small political parties breathe. Let them organise. Let them grow. Let Malawians have political alternatives,” Jumbe said.
His comments also raise a broader question about the relationship between political regulation, compliance and pluralism.
Supporters of strict enforcement can point to the need for political parties to maintain proper records, comply with statutory requirements and provide accurate information to regulators. On the other hand, concerns about the financial burden of penalties raise questions about proportionality and whether enforcement mechanisms could unintentionally make political participation more difficult for smaller organisations.
Jumbe is calling for a national conversation on the laws governing political parties, including scrutiny of whether particular provisions and enforcement measures remain appropriate in Malawi’s evolving multiparty system.
“We must ask whether they are proportionate and whether their enforcement protects or undermines the political freedoms guaranteed by our democracy,” he said.
He further called for laws that are considered unjust or excessively burdensome to be reviewed through appropriate legislative and constitutional processes.
A test for Malawi’s political pluralism
Malawi returned to multiparty democracy in the early 1990s, ending the one-party era and establishing constitutional protections for political participation and freedom of association.
For Jumbe, those democratic gains should include space for political organisations that are still small, newly established or without parliamentary representation.
“Do not kill a struggling political party simply because it is struggling,” he said.
“Do not kill democracy in the name of protecting democracy.”
The remarks place the current enforcement drive at the centre of a wider debate over how Malawi can simultaneously uphold legal compliance, accountability and political pluralism.
Ultimately, the enforcement of political-party laws and any challenge to those measures remain matters for the relevant legal and constitutional institutions. Political parties also retain responsibility for complying with the laws governing their registration and operation.
But Jumbe insists that Malawi’s democratic system should leave room for political alternatives to emerge and compete.
“Let democracy breathe even for the smallest and poorest political party.”
He concluded with a declaration that captures the spirit of his intervention:
“My pen is mightier than a sword.”
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