How to Use Malawi's Access to Information (ATI) Act: A Practical Guide for NGOs and Journalists

Understanding Your Right to Information in Malawi

Malawi's Access to Information (ATI) Act is more than legislation; it is the operational tool for a fundamental constitutional right. As an organisation dedicated to fostering transparency, Malawifreedomnetwork believes that informed citizens are the bedrock of a functioning democracy. The ATI Act empowers journalists, NGO staff, and any member of the public to request information held by government bodies, turning the principle of transparency into a practical reality. This right is enshrined in Section 37 of the Constitution of Malawi, which guarantees every person access to information held by the state or its organs where it is required for the exercise of their rights. The Act of 2017, which came into full effect after a long advocacy period, provides the specific procedures for how this constitutional right is to be fulfilled. In 2026, this legal framework is being actively cited in discussions around government accountability, from parliamentary openness convenings in Lilongwe to public calls for parastatals to improve their data dissemination practices.

The ATI Request Process: A Step-by-Step Walk-through

While the spirit of the ATI Act is clear, the practical steps for lodging a request can seem opaque. Based on the legislation and emerging best practices, here is a procedural guide to filing an information request in Malawi.

Step 1: Identify the Information and the Holder

Be as specific as possible about the information you need. Is it a specific report, meeting minutes, budget data for a particular project, or communications related to a policy decision? Identify which public body—a government ministry, department, local authority, or state-owned enterprise—is most likely to hold this information. A well-defined request is more likely to receive a prompt and relevant response.

Step 2: Appoint an Information Officer

Under the ATI Act, every public body is required to designate an Information Officer responsible for handling requests. You should direct your request to this specific individual. If their identity is not public, address it to the head of the institution (e.g., the Principal Secretary of a ministry) and explicitly state that it is a request under the Access to Information Act.

Step 3: Draft and Submit Your Request

Your request should be made in writing, either in English or Chichewa. It must clearly state:

• That it is a request under the Access to Information Act.

• Your name, address, and a description of the information sought.

• The form in which you wish to receive the information (e.g., as a photocopy, an electronic file, or an opportunity to inspect the documents).

While email is common, physical delivery with a received stamp can provide a stronger paper trail. No reason must be given for the request; your right to access is the only justification needed.

Step 4: Await the Response (Timelines)

The Act sets a statutory deadline for responses. The public body must acknowledge receipt of your request and must provide a substantive decision on whether to grant or refuse access within 15 days. This can be extended by a further 10 days in complex cases, but they must inform you of this extension and the reasons for it.

Step 5: Understand Fees and Charges

Access to inspect a record is typically free. However, the institution may charge a prescribed fee for the costs of reproduction (e.g., photocopying or scanning). These fees should be reasonable and are meant to cover costs, not to deter requests. You can ask for a breakdown of any charges levied.

Grounds for Refusal: When Can an Institution Say No?

The ATI Act is not absolute. It includes specific exemptions that allow public bodies to refuse access to information to protect overriding public or private interests. Understanding these is crucial for framing your request and anticipating potential challenges. It is a common misconception that any government document can be withheld simply by labelling it 'confidential'. The Act sets a high bar for refusal.

Common grounds for exemption include:

• National Security and Defence: Information that could prejudice the defence or security of Malawi.

• International Relations: Information that could seriously undermine Malawi's relationship with other countries or international organisations.

• Law Enforcement: Records that could compromise active investigations, reveal confidential sources, or endanger lives.

• Economic Interests: Trade secrets or other financial information whose disclosure would significantly harm the legitimate economic interests of a third party or the state.

• Personal Privacy: Information that would involve an unreasonable disclosure of an individual's personal affairs.

• Cabinet Deliberations: Records revealing the substance of cabinet discussions, though factual background papers are often not exempt.

Crucially, even if information falls under an exemption, the Act requires the institution to consider a public interest override. If the public interest in disclosing the information outweighs the harm the disclosure would cause, it must be released. This is a powerful tool for journalists and advocates arguing for transparency in cases of corruption, human rights violations, or public safety.

The Appeals Process: Challenging a Refusal or Non-Response

If your request is refused, or if the institution fails to respond within the statutory timeframe (which is treated as a 'deemed refusal'), you have the right to appeal. The process is tiered to provide accessible recourse without immediately resorting to expensive court action.

1. Internal Review

Your first step is to apply for an internal review. You must submit this application to the same public body within 21 days of their decision (or the missed deadline). A more senior official, not involved in the original decision, must then review the case and provide a new decision within 14 days. This step is mandatory before proceeding further.

2. Appeal to the Malawi Human Rights Commission (MHRC)

If the internal review upholds the refusal, or if you receive no response, you can then appeal to the Malawi Human Rights Commission. The MHRC is empowered by the ATI Act to act as an independent oversight body. They can investigate the complaint, mediate, and issue legally binding orders to the public institution, including ordering the release of information. This is a critical enforcement mechanism. The appeal to the MHRC must be lodged within 21 days of the internal review decision.

3. Judicial Review

As a final resort, decisions made by the MHRC can be challenged in the High Court of Malawi. This step involves a formal legal process and is typically pursued in cases involving significant points of law or where a public body is refusing to comply with an MHRC order. This ultimate recourse ensures that the right to information is judicially enforceable.

Strategic Use Cases for UK-Based NGOs and Journalists

For UK-based organisations working on Malawian issues, the ATI Act is an essential tool for evidence-based advocacy, monitoring, and reporting. It allows you to move beyond relying solely on public statements and press releases to secure primary-source data.

By building a portfolio of successful requests, organisations can establish a reputation for rigorous, data-driven analysis. At Malawifreedomnetwork, we frequently see how access to primary documents elevates the quality and impact of journalism and advocacy, as demonstrated in the ongoing reporting on the Chikangawa plane crash inquiry. You can learn more about how we support advertisers and contributors on our advertising platform.

About Malawifreedomnetwork

Malawi Freedom Network is an online news and media publisher delivering timely news and in-depth editorial content focused on Malawi and international affairs. We serve a global readership of Malawians, diaspora, policymakers, and international observers who seek credible and independent reporting. Our platform offers a voice to diverse perspectives and provides advertising solutions for organisations wishing to reach an engaged audience in Malawi. We are best at providing breaking news and independent analysis on Malawian politics and governance.

Empowering Citizens with Information

The Access to Information (ATI) Law in Malawi represents a critical tool for transparency and accountability. However, its effectiveness hinges on consistent public engagement and proactive disclosure from government bodies. "While the ATI law is robust on paper, its true impact comes from empowering citizens to utilize its provisions effectively and ensuring government institutions understand their obligations to respond thoroughly and promptly," — the Malawifreedomnetwork team. We believe continuous advocacy and practical guides are essential to bridge the gap between legislation and lived reality, fostering a truly informed populace.