AG Chakaka-Nyirenda, Commonwealth SG Scotland Forge Path for Economic Justice, Legal Innovation, and Sustainable Growth
Malawi’s Attorney General, Thabo Chakaka Nyirenda, and Commonwealth Secretary General, Patricia Janet Scotland, have engaged in transformative discussions aimed at advancing economic sovereignty, legal reforms, and sustainable development across Commonwealth member states.
A key focus of their dialogue was the crippling effect of outdated double taxation agreements on developing economies. Nyirenda highlighted Malawi’s struggle with a treaty signed in 1956, stressing the urgent need for renegotiation with technical support from the Commonwealth Secretariat.
Scotland encouraged Malawi to raise the issue at the upcoming Commonwealth Trade and Investment Meeting in Namibia on June 16, 2025.
“We cannot allow outdated tax agreements to drain resources from our people. The Commonwealth must be a shield for developing countries,” Nyirenda declared.
He further pointed out the irony that Malawi lacks bilateral investment treaties with both the United Kingdom and the United States of America. He urged the Commonwealth Secretariat to assist in negotiating modern agreements that balance the interests of investors and host states.
Scotland emphasized the importance of adopting and customizing modern laws on virtual assets to keep pace with global financial systems. She thanked Nyirenda for his support in pushing for the Virtual Assets Model Law during the Commonwealth Law Ministers and Senior Officials Meeting held in Zanzibar, Tanzania, from March 4–8, 2024.
She also introduced proposed model contracts, with 80% generic terms, covering climate change, environmental impact, and sovereignty clauses—ensuring fairer deals for smaller nations. The two leaders acknowledged that procurement contracts are often skewed in favor of contractors.
“To attract investors while safeguarding national interests, contracts must mandate restoration, rejuvenation, and benefaction. Failing to meet these standards would render contracts null and void,” Scotland explained.
She further noted that these model contracts would help Commonwealth nations avoid excessive legal fees charged by multinational law firms.
A key highlight of the discussion was Malawi’s push for enhanced capacity in asset tracing and non-conviction-based asset forfeiture. Nyirenda cited Angola’s recovery of over $27 billion—including the InterContinental Hotel in Lusaka—through civil forfeiture between 2019 and 2023 as a model for other nations.
“This is a wake-up call. Stolen public assets can and must be recovered. Civil forfeiture is not just a legal tool; it’s a weapon for justice,” he stressed.
Scotland lamented the shortage of commercial law experts in the Commonwealth, attributing it to scholarships that favor human rights and other non-commercial law disciplines. Nyirenda urged the Commonwealth Secretariat to redesign scholarship programs to prioritize commercial law, equipping nations with the expertise needed to negotiate high-stakes business deals.
The leaders also explored the role of artificial intelligence in combating corruption, with Scotland announcing that the Commonwealth has developed anti-corruption benchmarks and SMART performance management systems.
Nyirenda advocated for the establishment of a central legislative repository linked to court judgments to enhance legal transparency and efficiency in Malawi.
Discussions also extended to digital transformation, with Scotland revealing that India will provide free digitization and AI systems to Commonwealth nations. The Strategist AI platform, a digital repository of laws across member states, will allow Malawi to conduct gap analyses and streamline legal reforms.
The two leaders agreed on the need for intra-Commonwealth legislative collaboration, including MOU-linked bills and judicial training to harmonize legal interpretations. Scotland highlighted three key sectors—energy, infrastructure, and mining—as critical for Africa’s growth, stressing that enhanced legal expertise is essential for negotiating with powerful multinational investors.
The meeting concluded with commitments to continued collaboration. The Commonwealth Secretariat will provide Malawi with documents on trade, investment, and SDG performance, ensuring ongoing support in key economic and legal reforms.
This landmark discussion marks a bold step toward economic justice, legal innovation, and sustainable growth—solidifying Malawi’s role in shaping a fairer and more resilient Commonwealth.
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