Malawi NGO board has no powers to ban CSOs, says lawyer

Legal activist Justin Dzonzi has said NGO board has no mandate to deregister nongovernmental organisations which have failed to register with the board.

Dzonzi said the law is evasive and ambiguous on the issue making it difficult for the board to win a court case should some deregistered NGOs decide to seek legal redress.

“Such a decision can be challenged in a court of law. For instance, the law says that NGOs should first register with the Council for Non Governmental Organisations in Malawi yet Congoma is a voluntary registering organisation, which means Congoma has no powers to force NGOs register with it because Congoma was not established under the Act of parliament,” said Dzonzi.

He said therefore if NGOs refuse to register with Congoma they cannot register with the NGO Board which is a legal flaw.

Dzonzi also pointed out that the Republican Constitution provides for freedom of association therefore forcing NGOs to be members of Congoma which has no legal backing would be legally problematic.

NGO Board vice chairman Maziko Matemba said recently there are 500 NGOs in Malawi half of whom are not registered.

Dzonzi however said registering the NGOs would enhance transparency and accountability amongst them.