The Law Commission received a submission from the National Intelligence Service to develop a legislation on counter-terrorism. The law reform process commenced on 11th September 2024.

Background

Currently, there is no legislation in Malaŵi specifically dedicated to counter-terrorism, as provisions against terrorism are found in a few pieces of criminal legislation, such as the Penal Code, which narrowly provides for the offence of terrorism, and the Financial Crimes Act, which combats the financing of terrorism. Aside from the absence of strong legislation, a number of priority national capacity gaps exist, notably the absence of strong human, technical and financial capabilities as well as weak institutions and structures for sharing information and intelligence. There are also significant knowledge and research gaps that impede the ability of key stakeholders to make fully informed decisions that are data-informed and evidence-led.

Malaŵi is a party to several regional and international instruments on counterterrorism, such as the OAU Convention on the Prevention and Combating of Terrorism. Being a dualist state, Malaŵi is required to domesticate the various treaties and instruments through an Act of Parliament. However, among the 19 United Nations Conventions on Counter Terrorism, the country has only ratified 131. Despite the ratification, the conventions are not fully domesticated, which affects the development of mechanisms to combat terrorism and the fulfilment of its international obligations to counter terrorism.

The law reform process will therefore lead to the development of a comprehensive counter-terrorism legislation that will domesticate applicable regional and international instruments; align the legislation with the Constitution and international best practices; harmonise existing pieces of legislation on counterterrorism; create an institutional framework on counterterrorism; and strengthen international cooperation on such matters.

Current status

The special Law Commission has made steady progress in the development of legislation on counterterrorism. The Commission has held preliminary consultations with civil society organisations, private entities, and government agencies.

The Commission is scheduled to hold regional consultation meetings in March 2025 to gather insights and solicit views on matters of countering terrorism in Malaŵi and for the Commission to benefit from the unique experiences of the various stakeholders and participants in the matter.

Funding: Government of Malaŵi and the EU-UN Global Terrorism Threats Facility

Relevant documents:

Stage: Consultations

Chairperson: Honourable Justice Michael Tembo, Judge of the High Court

Programme officers: Mr. Peter Mota, Deputy Director of Law Reform;

    Ms. Chigomezgo Mtonga, Principal Law Reform Officer;

    Ms. Ndamo Somba, Principal Law Reform Officer; and

    Ms. Rose Nayeja, Principal Law Reform Officer