By Edwin Mauluka

The Malawi Human Rights Commission (MHRC) has expressed frustration over what it describes as the Ministry of Information’s failure to act on recommendations to review and amend the Access to Information (ATI) Act.

MHRC Deputy Director for Civil and Political Rights and Head of the ATI Unit, Chance Kalolokesya, made the remarks on Tuesday at Parliament, where the Commission appeared before the Parliamentary Committee on Media and Information Technology to brief lawmakers on progress in implementing the ATI law.

“We submitted a concept note to the Minister of Information in May 2025. The law empowers the Commission to propose amendments, but the responsibility to facilitate the amendment lies with the policyholder, in this case the Minister of Information,” Kalolokesya said. “Since May 2025, the Ministry has not taken any steps and has not responded to us, despite several follow-ups.”

Kalolokesya said there is an urgent need to amend the Act, noting that some of its provisions conflict with other laws, particularly the Official Secrets Act. He added that the current law excludes some private bodies that should be subject to ATI obligations.

He also pointed out that the Act lacks enforcement powers to hold non-compliant information holders accountable. An MHRC compliance assessment of 105 institutions, he said, found that about 70 percent were not complying with the law.

“When you look at international standards, such as the model law on access to information in Africa, or practices in countries like South Africa, there are administrative enforcement mechanisms,” Kalolokesya said. “In Malawi, that is not the case, and it renders the Commission almost powerless.”

MHRC faults Information Ministry over delay to amend Access to Information law MediaGov — *Closer scrutiny reveals critical gaps in the Access to Information Act enforcement.*

He therefore urged the committee to press the Minister of Information to initiate the review of the Act and to be proactive in publishing an annual list of information officers. He also called on the committee to continue summoning institutions that fail to comply with MHRC determinations.

Kalolokesya said implementation of the ATI Act is further constrained by limited technical and financial capacity, which hampers nationwide awareness campaigns and contributes to low demand for access to information.

“The funding we receive is minimal and does not allow us to fully carry out awareness activities, complex assessments and other responsibilities,” he said. “Low government funding is adversely affecting the implementation of access to information.”

He disclosed that since MHRC began implementing the Act, it has only once received a one-year allocation of MWK65 million, three years ago, to cover both ATI and Gender Equality Act implementation.

He added that the ATI Unit is struggling to make meaningful progress because its four designated officers also perform other duties within the Commission.

Kalolokesya called for direct budgetary allocation for ATI implementation and for mainstreaming access to information across all government programmes to dismantle what he described as a persistent culture of secrecy among information holders.

He also raised concern over information pollution, including misinformation, disinformation and hate speech proliferating on social media and, at times, in mainstream media, which undermines access to accurate information.

Despite the challenges, MHRC reported gradual progress in implementing the Act with limited resources. Kalolokesya said the Commission has reached about 30,000 people through media awareness campaigns, resulting in increased demand for information and improved responsiveness by some information holders.

In the 2024–2025 financial year, he said, about 36,000 information requests were processed by 15 public institutions, 37 information holders produced institutional information manuals, and MHRC assisted seven complainants who had been denied access to information.

“The Commission is globally accredited as an information commission and is a member of the African Network of Information Commissions,” Kalolokesya added.

Committee chairperson Kingwell Liphuka, the Member of Parliament for Zomba Matiya, assured MHRC of continued parliamentary support.

“You have acknowledged that this committee has been instrumental before, and our commitment remains the same. If anything, we will take it a step further,” Liphuka said.

He encouraged MHRC to continue advocating for access to information and safeguarding citizens’ rights.

The Access to Information Act was passed in 2016, became operational in 2020, and mandates MHRC to oversee its implementation.

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