Association
NGO REGULATOR MOVES TO TIGHTEN IMPLEMENTATION OF LOCALISATION REQUIREMENTS
The regulatory environment expanded during the reporting period through implementation of the Operations of International NGOs Regulations, 2024. As previously documented, the NGO Regulatory Authority (NGORA) introduced a new requirement for international NGOs to channel at least 30% of programme funding through local NGOs, aiming to strengthen local capacity and align with the global localisation agenda.
In March 2026, NGORA announced that it would commence full enforcement of mandatory partnerships between international and local NGOs from May 2026, as part of the Government’s localisation agenda, reflecting an intention to strengthen the capacity and sustainability of local civil society organisations. The measure is intended to strengthen local organisations and promote localisation, but its implementation also creates new compliance obligations for both international and local NGOs. In June 2026, NGORA published Guidelines and Road-map on the Implementation of the Operations of International NGOs Regulations, 2024. The roadmap operationalises mandatory partnerships between international and local NGOs. NGORA had announced that full enforcement would commence in May 2026 pursuant to provisions 5–12 of the 2024 Regulations. NGORA published a list of non-compliant organisations as part of its compliance enforcement efforts.
Peaceful Assembly
FORMER HRDC LEADERS CHALLENGE ARREST WARRANTS IN COURT
On 7th October 2026, arrest warrants were reportedly issued against former Human Rights Defenders Coalition (HRDC) chairperson Timothy Mtambo and activists Gift Trapence and Reverend MacDonald Sembereka over breaches of bail conditions in a case dating back to March 2020. The activists were initially arrested over allegations that they threatened to organise a march to State House during the protests linked to the 2019 Tripartite Election results. Their lawyer maintains that the State discontinued the case in October 2020, and questioned the legal basis for the new warrants.
On 16th October 2026, the Chief Resident Magistrate’s Court in Lilongwe temporarily suspended enforcement of the warrants pending a hearing of the activists’ application to have them cancelled.
The case raised broader concerns from HRDC about the potential impact on Malawi’s democratic space and the protection of human rights defenders. The coalition called on authorities to clarify the legal basis for the warrants, uphold due process and ensure that law-enforcement powers are not used to intimidate activists engaged in legitimate civic work. It also urged regional and international human rights bodies to monitor the situation. The court has not issued a verified final ruling on the application to cancel the warrants.
Expression
NGO PERSONNEL DETAINED AND CHARGED FOR REMARKS
On 30th July 2026, Sylvester Namiwa, Executive Director of the Centre for Democracy and Economic Development Initiatives (CDEDI), was arrested after reporting to the National Police Headquarters in Lilongwe in response to a police summons. Namiwa had been publicly calling for a forensic audit of the Beautify Malawi Trust and a lifestyle audit of Minister of Lands and Urban Development Chimwemwe Chipungu.
His arrest followed an interview broadcast by Luntha Television on 28th July 2026, during which he made statements concerning Vice-President Jane Ansah and alleged plans by senior ruling-party figures to orchestrate targeted killings. He was charged with treason and publishing false news likely to cause public fear and alarm.
On 21st August, High Court Judge Mzondi Mvula granted him bail under conditions that include paying a K5 million (USD 2,876) cash bond, reporting to the police every Monday, and surrendering his passport. However, on 4th September 2026, the State applied to revoke his bail following a press conference he had held.
The arrest and subsequent prosecution prompted concern among local, regional and international civil society organisations (CSOs) about freedom of expression, due process and the potential criminalisation of governance advocacy. CSOs have called on the Judicial Service Commission to review and strengthen judicial accountability mechanisms to ensure transparency, uphold judicial integrity, and enhance accountability to the public. AfricanDefenders and partner organisations also called for his unconditional release and the withdrawal of the charges, warning of the broader implications for civic space and the protection of human rights defenders in Malawi.