MALAWI BACKGROUND CHECK

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Data Protection

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(Came into effect on: 18 May, 1994, amended in 1995, 1997)

Chapter III Fundamental Principles

13. The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals –

(o) Public Trust and Good Governance

To introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and transparency will strengthen confidence in public institutions.

Chapter VIII The Executive

88.1.The President shall be responsible for the observance of the provisions of this Constitution by the executive and shall, as Head of State, defend and uphold the Constitution as the supreme law of the Republic.

2.The President shall provide executive leadership in the interest of national unity in accordance with this Constitution and the laws of the Republic.

3.The President and members of the Cabinet shall not hold any other public office and shall not perform remunerative work outside the duties of their office and shall, within three months from the date of election or appointment, as the case may be, fully disclose all of their assets, liabilities and business interests, and those of their spouses, held by them or on their behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament.

4.Any business interests held by the President and members of the Cabinet shall be held on their behalf in a beneficial trust which shall be managed in such manner as to ensure conformity with this section.

5.The President and members of the Cabinet shall not use their respective offices for personal gain or place themselves in a situation where their material interests conflict with the responsibilities and duties of their offices.

Chapter X The Ombudsman

The Office of the Ombudsman

120.There shall be a public office known as the office of the Ombudsman which shall have such powers, functions and responsibilities as are conferred upon that office by this Constitution and any other law.

Independence of the Ombudsman

121.In the exercise of his or her powers, functions and duties the Ombudsman shall be completely independent of the interference or direction of any other person or authority.

Appointment of Ombudsman

122. 1.Nominations for appointment to the office of Ombudsman shall be received from the public by way of a public advertisement placed by the Clerk to the National Assembly and the successful candidate shall be appointed by the Public Appointments Committee in accordance with the requirements of this section.

2.The person appointed to the office of Ombudsman shall –

a. have sufficient knowledge of the law;

b. be publicly regarded as a person who can make impartial judgements;

c. have sufficient knowledge of the workings of Government;

d. not have had any criminal convictions and not have been a bankrupt;

e. be otherwise competent and capable of performing the duties of his or her office;

f. not be the President, Vice-President, a Minister or Deputy Minister, a serving public officer or a member of Parliament; and

g. not hold any other public office unless otherwise provided for in this Constitution.

Functions And Powers

123. 1.The office of the Ombudsman may investigate any and all cases where it is alleged that a person has suffered injustice and it does not appear that there is any remedy reasonably available by way of proceedings in a court or by way of appeal from a court or where there is no other practicable remedy.

2. Notwithstanding subsection (1), the powers of the office of the Ombudsman under this section shall not oust the jurisdiction of the courts and the decisions and exercise of powers by the Ombudsman shall be reviewable by the High Court on the application of any person with sufficient interest in a case the Ombudsman has determined.

Powers of Investigation

124. The Ombudsman shall have full powers to –

a. subpoena the attendance of any person who the Ombudsman reasonably believes to be connected with any investigation being undertaken by that office;

b. require the immediate disclosure of information and the production of documents of any kind, from any public body;

c. question any person who the Ombudsman reasonably believes to be connected with an investigation that is being undertaken by that office; and

d. initiate contempt proceedings before the High Court against any person or authority in connexion with non-compliance with the powers conferred in this section.

Privileges and Immunities of the Ombudsman

125. A person holding the office of Ombudsman shall –

a. be provided with the necessary resources to discharge the functions of that office;

b. be entitled to the fullest co-operation of any person or authority of whom he or she requests assistance in connexion with the duties of that office;

c. enjoy, with respect to his or her official functions, similar protection and privileges in so far as they are appropriate as are enjoyed by members of Parliament; and

d. be paid a salary to be charged to the Consolidated Fund and which shall not be reduced without the consent of the office holder.

Remedies 6 of 1995

126.Where the investigations of the Ombudsman reveal sufficient evidence to satisfy him or her that an injustice has been done, the Ombudsman shall –

a. direct that appropriate administrative action be taken to redress the grievance;

b. cause the appropriate authority to ensure that there are, in future, reasonably practicable remedies to redress a grievance; and

c. refer a case to the Director of Public Prosecutions with a recommendation for prosecution, and, in the event of a refusal by the Director of Public Prosecutions to proceed with the case, the Ombudsman shall have the power to require reasons for the refusal.

Reports of the Ombudsman

127.The Ombudsman shall lay , each year, before the Nation Assembly a report which shall include a record of all complaints and applications to the office of Ombudsman, a record of the exercise of powers in relation to applications, of the remedies afforded to applicants in respect of grievances and shall also include a record of the general recommendations of the Ombudsman in respect of grievances.

Removal from Office

128.1.A person appointed to the office of Ombudsman shall serve a term of not more than five years, provided that the Public Appointments Committee may appoint that person for such further terms of five years as it considers appropriate unless that Committee sooner terminates that appointment in accordance with this section.

2.A person appointed to the office of Ombudsman shall not be removed by the Public Appointments Committee, except –

a. in such circumstances where had that person not been Ombudsman, that person would have been disqualified from being appointed;

b. for gross misconduct; or

c. on reaching the age of sixty-five years.

Chapter XXIII : Miscellaneous

213. 1. In addition to the President and members of the Cabinet as provided by section 88 (3), the holders of the following offices, that is to say –

a. a member of the National Assembly;

b. a member of the Senate;

c. a public officer of such senior grade or position as shall be specified under subsection (2);

d. an officer of such senior grade or position as shall be specified under subsection (2), of –

i. a corporation, board, commission, council, or similar body established by or under an Act of Parliament;

ii. any other body, corporate or unincorporated which in accordance with any Act of Parliament is subject to the same statutory procedures for financial control and accountability as apply in common to a body referred to in subparagraph (i), shall, within three months from the date of his or her election, nomination or appointment, as the case may be, fully disclose all or his or her assets, liabilities and business interests and those of his or her spouse held by him or her or on his or her behalf as at that date; and, unless Parliament otherwise prescribes by an Act of Parliament, such disclosure shall be made in a written document delivered to the Speaker of the National Assembly who shall immediately upon receipt deposit the document with such public office as may be specified in the Standing Orders of Parliament.

2. For the purpose of paragraphs (c) and (d) of subsection (1), the National Assembly shall specify the grades and positions of the officers required to disclose assets in accordance with that subsection, and shall do so by resolution passed by the majority of the members present and voting and which shall be published in the Gazette.

3. Notwithstanding subsection (1), in the case of those persons who, at the commencement of this section, hold the offices to which this section applies, the period within which they shall comply with subsection (1) shall be a period of three months-

a. from the commencement of this section, in the case of members of the National Assembly;

b. from the date of the publication of the resolution under subsection (2), in the case of others.

4. There shall be a Committee of Parliament appointed by the National Assembly which shall have the function of monitoring the compliance with the requirement on the disclosure of assets under section 88 (3) and under this section and the Committee shall have all the powers necessary to perform its function.

Police Background Check Procedures

Who can apply?

• Citizens and any individual who has resided in the country to work or study
• Applicants only; employers or third party representatives may not apply.

Where?

• Applicants can apply through any Malawi High Commission or embassy. Details of the UK embassy are listed below.

What must the applicant supply?

All applicants must supply the following:
• A copy of fingerprints taken at a local police station
• A covering letter–detailing information about the applicants stay in Malawi (place of work,address, dates etc).
• A copy of the applicant’s passport

What are the costs / turnaround times?

• The overall cost is £50. This can be in the form of cash or postal order. Further information can be obtained from the Malawian authorities listed below.
• The process takes over 4 week, as the application is sent to Malawi Police Service for verification.

Contact Details

Malawi High Commission
36 John Street
London
WC1N 2AT
Tel: +44 020 7421 6010
Fax: +44 020 783 19273
Email: malawihighcommission@btconnect.com

What does the certificate look like?

The certificate is printed on Malawi Police Service headed paper with a reference number, date, name of the applicant, name of the processing officer, rank, countersignature and is always addressed ‘’To whom it may concern’’.

Risk

Sovereign risk

A large public debt stockestimated at nearly 63% of GDPand weak public financial management weigh on the sovereign risk rating. External debt stocks are also relatively high, at over 40% of GDP in 2014, but are dominated by concessional loans, which reduces the likelihood of repayment difficulties.

Banking sector risk

The banking sector risk rating is constrained by weak credit management and a rising non-performing loan ratio. However, banks’ net foreign assets are positive and although several of the sector’s fundamentals, including the capital-adequacy and return-on-equity ratios, have worsened over the past years, they remain healthy.

Political risk

A split parliament, and related political wrangling, will undermine effective policymaking and weaken political stability. Moreover, popular discontent over high inflation and widespread corruption will fuel resentment towards the government and could trigger unrest.

Economic structure risk

Malawi depends heavily on rain-fed agriculture, which is vulnerable to periodic drought, and on burley tobacco, which is subject to uncertain global demand. Aid dependence and uncertainty over the actual size of aid inflowsamid donor concerns over weak governancepose additional risks.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

Violent robberies and petty crime, such as pickpocketing, mugging and bag-snatching, occur. Tourists are particularly targeted on Kenyatta Drive, walking between the Old Town and the Capital City, at the main bus station in both Lilongwe and Blantyre as well as at the main ports for the Ilala ferry. Avoid walking alone at night. Con artists are active in major cities and tourist destinations such as Blantyre, Cape Maclear, Nkhata Bay, Senga Bay, Mzuzu and Zomba.

Do not show signs of affluence. Muggings have resulted in the loss of travel and identification documents. Carry copies of your passport identification page and other travel documents and place the originals in safekeeping facilities.

Residential break-ins and carjackings are prevalent throughout the country. Organized robberies and attacks by gangsters occur and may target foreigners. Carjackings often occur when a vehicle is stopped, for example, when waiting to enter at a compound vehicle gate, at intersections, or in traffic.

In Malawi’s capital, Lilongwe, as well as in Blantyre, Zomba and Mzuzu, there are reports of a gang of men attacking women wearing pants, leggings and short skirts. The women are stripped and robbed. Women travellers in these areas should avoid wearing close fitting clothing and be aware of their surroundings at all times.

Contact the Mountain Club of Malawi for security advice before climbing Mount Mulanje.

Demonstrations

Political demonstrations and strike activity occur and can turn violent, especially in the capital Lilongwe. Exercise a high degree of caution, avoid demonstrations and large gatherings, monitor local media and follow the advice of local authorities.

Road travel

Traffic drives on the left. The traffic-related death rate is high. Poor road conditions, poorly maintained vehicles, and inadequate street lighting make driving dangerous. Potholes, pedestrians, animals, abandoned vehicles, and vehicles travelling at night without lights also pose risks. Avoid driving outside cities after dark. Emergency roadside assistance is very limited.

Armed carjackings, particularly of four-wheel-drive vehicles, have occurred. You should not resist if threatened by carjackers. Always wear seat belts. Keep windows closed and doors locked and never leave your personal belongings in a vehicle.

Hitchhiking or taking matola (informal lifts in the back of open vehicles) is considered dangerous.

Public Transportation

Public transport is limited in rural areas. There are regular flights and bus services between Blantyre, Zomba, Lilongwe and Mzuzu. Travel by minibus between cities is not recommended, as they are overcrowded and poorly maintained.

See Transportation Safety in order to verify if national airlines meet safety standards.

General safety information

Exercise great caution, especially on buses, at bus stops, and while hiking, or when approached by persons who wish to befriend you, help you, or become your tour guide. Do not accept food or drink from strangers as it could be drugged. Do not leave your luggage unattended.

Tourist facilities are limited outside of major centres.

Hikers on Mount Mulanje are advised to employ a locally registered tour guide.

Reserves and safaris

There are inherent risks associated with viewing wildlife (both marine and on land), particularly on foot or at close range. Always maintain a safe distance when observing wildlife and avoid leaving the vehicle unless it is deemed safe to do so by professional guides and wardens. Use only reputable and professional guides or tour operators, and closely follow park regulations and wardens’ advice.

Annual Cases

Budget Autonomy No
Annual Budget of the Agency US $ 7.5 Million (It is not fixed, it varies from one financial year to another)
Per Capital Expenditure $(US) 0.37
Expeniture as % of the GDP 0.04 %
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? No
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The State President does the appointment, but such appointment is subject to the confirmation of the Public Appointments Committee of Parliament
Who has the authority to remove the head of the ACA? The State President has the authority, but such removal is subject to the confirmation of the Public Appointments Committee of Parliament
Is there any term limit for the head of the ACA? No
Does your agency measure performance? Yes
Number of investigations launched
Number of investigations completed
Other, please specify
Number of outreach activities delivered
Full access to Government Yes

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[HOUSE_NUMBER] STREET_NAME
LOCALITY
MALAWI

Sample

Mr. W.M. Lundu
2 hannover Avenue
BLANTYRE
MALAWI

Summary

Malawi GDP Last Previous Highest Lowest Unit
GDP 3.71 4.24 5.63 0.16 USD Billion
GDP Annual Growth Rate 6.00 5.40 16.70 -10.00 percent
GDP per capita 224.41 219.91 249.55 141.13 USD
Gross Fixed Capital Formation 159734.20 144201.00 213674.00 28646.10 MWK Million
GDP per capita PPP 754.98 739.86 839.57 605.26 USD
GDP Constant Prices 1094492.00 1032107.00 1094492.00 617531.00 MWK Million

 

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