Malawi’s transition conundrum: A case for regulation

As Malawi navigates the transition to a new government following the 2025 Tripartite Elections, a sense of uncertainty hangs in the air. The President-Elect, Professor Arthur Peter Mutharika, has sounded the alarm, warning against the abuse of the transition period by government officials who are pushing through questionable contracts and payments, engaging in corrupt practices, and carrying out irregular promotions, recruitments and transfers.

This behaviour not only undermines the principles of patriotism but also violates public trust and breaks the law; it also undermines the constitutional mandate of the outgoing presidency.

The closure of the National Economic Empowerment Fund (NEEF) offices by the Malawi Police Service is a timely reminder of the speculations of abuse that may have set in. The once-busy government loan hub, which pumped billions of kwachas into ‘loans for small businesses and farmers’, now has its doors sealed off by police officers. The allegations of ghost beneficiaries, political handpicking, and funds flowing into campaign coffers will most likely surface and catch up with the institution.

As the new government prepares to take over, the question on everyone’s lips is: can Malawi break free from this precedent and unshackle itself from the institutional corruption and mismanagement that has continued to hold it back for so long? The answer lies in the way the country navigates the transition period.

Malawi’s new electoral law allows for extending the period for announcing election results to within eight days of voting and the swearing-in of a president-elect within seven days after.

This transition period, in a way, offers preparedness for the incoming president and government, enabling them to hit the ground running, probably with a full cabinet or indeed key executive orders, from day one. However, it also creates a power and governance vacuum that evidently is being exploited by government officials and outgoing politicians.

Going by the current experiences and mismanagement speculations, this situation presents an opportunity to develop instruments for governance and government transitioning that close such loopholes.

As we commend the new electoral process for offering opportunities for preparedness, we cannot ignore the fact that it also allows government officials and the outgoing executives to make decisions on their way out that may not be beneficial. A lack of regulation around governance in this transitional period is a ticking time bomb, waiting to unleash a new wave of corruption and mismanagement.

To address these challenges, we recommend the development of regulations to guide the transition period, drawing from international best practices. In countries such as the USA, the transition period is governed by the Presidential Transition Act, which provides guidelines for the incoming and outgoing administrations.

Similarly, in the UK, the Cabinet Office publishes guidance on the transition process, outlining the roles and responsibilities of ministers and civil servants. Departure from such arrangements is matched with consequences — eventually making adherence necessary.

For Malawi, we propose the development of a Transition Regulations Framework (TRF) that would:

1. establish clear guidelines for the outgoing and incoming governments;
2. define roles and responsibilities of decision-makers and public officials during the transition period;
3. provide for transparency and accountability in the management of public assets and finances; and
4. ensure continuity of essential services and minimise disruption to citizens.

This framework would be a game-changer for Malawi, ensuring that the transition period is marked by transparency, accountability and good governance, without creating a power vacuum in the presidency. It would also send a strong signal to citizens that an incoming government is committed to breaking with the past and building a better future.

To operationalise this framework, we suggest lobbying for a bill from the majority or a private member bill in the first session of Parliament. This would require support from incoming members of Parliament (MPs) who share our concerns about governance and accountability during transition time.

We invite the majority in Parliament and interested MPs to join forces to run with this proposal, ensuring that government machinery during transition periods is characterised by transparency, accountability and good governance.

The development of a TRF is just the starting point in shifting the needle, but it is a crucial one.

We propose the following steps:

1. establish a task force, ratified by Parliament, to develop the TRF, comprising representatives from the government, the civil society and the private sector;
2. conduct a comprehensive review of existing laws and regulations to identify gaps and areas for improvement;
3. engage with citizens and stakeholders to ensure that the framework reflects their needs and concerns; and
4. lobby the majority or for a private member bill to operationalise the framework and ensure its implementation as an extension to laws.

The development of a TRF is a crucial step towards building a stronger, more resilient democracy.

Together, we can build a stronger, more resilient democracy that serves the interests of all Malawians.

The time for action is now. Let us work together to create a brighter future for Malawi.