The secrecy surrounding the costs of travel for the presidency over the years has sparked calls for the review of the Presidents (Salaries and Benefits) Act to strengthen transparency and accountability.
In separate interviews, legal and governance experts argued that while the law entitles the President and Vice-President to benefits, including travel-related privileges, it was not intended to shield public expenditure from scrutiny; hence, the need for a review to provide for clarity.
The calls come amid a debate on First Vice-President Jane Ansah’s private trip to Nottingham, United Kingdom (UK) today which Ministry of Information and Communications Technology has now said will cost taxpayers K168 million for a five-member entourage. President Peter Muthariaka also made a private trip to South Africa earlier this month, but the costs were not publicised.
Former president Lazarus Chakwera, currently abroad on a private trip, undertook several foreign trips, but never disclosed costs for such while former president Joyce Banda also spent several years abroad after losing the 2014 polls.
It was only in September 2022 when a leaked memo revealed that K311 million was approved for the then VP, the late Saulos Chilima’s wife Mary to travel for medical treatment in South Africa.
Law against secrecy
University of Malawi (Unima) professor of law Garton Kamchedzera said the Constitution in sections 12(i and ii) and 13(o) requires fiduciary management of public resources and that secrecy is an infringement of Section 13(o).
He said Section 13 (o) requires public functionaries to “guarantee accountability, transparency, personal integrity and financial probity” so that Malawians have confidence or faith in those who make decisions and use public resources.
Said Kamchedzera: “The principles in the Constitution are enough to guide those that are entrusted with duties to manage public resources for the benefit of Malawians. The problem in Malawi, in this regard is that public functionaries get into public offices to have easy access to financial resources.
“Disclosures in the use of public resources are a matter of duty for public functionaries. Malawians do not have to ask if those governing are responsible and ethical.”
Private practice lawyer Benedicto Kondowe agreed, adding that persistent non-disclosure across administrations, has normalised opacity on the Consolidated Fund, thereby weakening fiscal accountability and democratic oversight.
“The Public Finance Management Act requires transparency and accountability in the use of public funds. Our laws impose a clear legal and moral obligation on government to disclose travel-related expenditures, even where the Benefits Act is silent,” he said.
On Tuesday, private practice lawyer and academic Bright Theu took to Facebook, arguing that Malawi has gone into the cesspool of moral decadence, where it seemed right to spend public resources on private affairs.
In a separate interview, National Anti-Corruption Alliance chairperson Michael Kaiyatsa said spending public money in secrecy violates the social contract between citizens and the State.
He said: “It’s also important to review the Benefits Act to provide for subjecting such spending to audit and parliamentary oversight.
“Without these safeguards, the Act becomes a legal cover for abuse rather than a framework for responsible and accountable leadership.”
In the same vein, governance pundit Undule Mwakasungula said introducing disclosure thresholds, parliamentary oversight or periodic reporting would help balance Executive privilege with public interest.
On his part, political pundit Wonderful Mkhutche was more concerned with Malawi’s standing on the Open Government Partnerships (OGP), which envisages an open, transparent and responsive government to citizens’ needs.
The Ministry of Information and Communications Technology statement announcing the costs of Ansah’s trip came after social media reports suggested that she would travel with an entourage of over 16 at a cost of K1.9 billion.
Both serving and former presidents and vice-presidents are entitled to foreign travel as prescribed in the Presidents (Benefits and Salaries) Act.
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