NGORA spokesperson Laston Chinkudzu
* PAC is among the NGOs that have not complied with annual reporting requirements, noting that the returns contain information about board members and their respective positions
* In the absence of updated records makes it difficult for the regulator to establish the current composition and tenure of PAC’s leadership
By Mphatso Nkuonera, Malawi News Agency (MANA)
Non-Governmental Organisations Regulatory Authority (NGORA) says it cannot establish whether the tenure of the current Public Affairs Committee (PAC) board has expired because the organisation has not updated its annual reports.
Advertisement
NGORA’s spokesperson Laston Chinkudzu says PAC is among the NGOs that have not complied with annual reporting requirements, noting that the returns contain information about board members and their respective positions.
In a response to our questionnaire, Chinkudzu said the absence of updated records makes it difficult for the regulator to establish the current composition and tenure of PAC’s leadership.
“According to NGORA’s records, PAC is among the NGOs that have not complied with annual reporting requirements.
“As a result, it has not updated its annual returns, which contain information on its board members. Therefore, NGORA is not in a position to confirm the current tenure of its members,” said Chinkudzu
On the possibility of holding fresh elections, NGORA said the timelines and procedures should be guided by PAC’s constitution and internal governance arrangements.
The regulator further clarified that its mandate does not extend to managing the internal affairs of individual organisations, although it promotes accountability, transparency and good governance across the NGO sector.
He added that during the last financial year, it reached out to more than 556 NGO board members and directors through capacity-building initiatives aimed at strengthening governance practices, regulatory compliance and institutional effectiveness.
PAC Executive Director Robert Phiri promised to respond to our questionnaire but has not yet done so despite some reminders.
Commenting on the matter, political scientist, Dr George Chaima, said PAC’s failure to submit annual returns represents a compliance and transparency failure, as even the regulator cannot verify who legally holds office within the organisation.
Political scientist, Dr George Chaima
“Failure to submit annual returns is a compliance and transparency failure. It means even the regulator cannot verify who legally holds office,” Chaima said.
He said PAC’s executive was elected in December 2019 for a three-year term, which expired in December 2022, but the leadership has continued operating beyond that period.
According to Chaima, the continued reliance on Article 15.4 of PAC’s constitution, which provides for leadership continuity, raises questions about the legitimacy of the current leadership and its decisions.
“On legitimacy, it weakens moral authority to criticise political parties for undemocratic succession, while on accountability parameters it breaks accountability to mother bodies such as Malawi Conference of Catholic Bishops (MCCB), Muslim Association of Malawi (MAM), Evangelical Association of Malawi (EAM), Quadria Muslim Association of Mala wi (QMAM), and Malawi Council of Churches (MCC),” he said.
Chaima observed that remaining in office beyond the stipulated tenure could also erode public confidence by creating a perception of leaders clinging to power and applying double standards.
He recommended that PAC immediately submit its outstanding annual returns to NGORA and set a date for its Annual General Meeting within 90 days.
In the medium term, Chaima proposed limiting the application of Article 15.4 to a maximum of 12 months, allowing PAC’s mother bodies to conduct an independent electoral process and separating constitutional review from leadership elections.
He also called for annual external governance audits and stricter enforcement of regulatory requirements to strengthen institutional accountability.
Chaima further argued that PAC’s historical role in challenging third-term political leadership makes it important for the organisation to demonstrate consistency in upholding democratic principles.
“PAC is not just an ordinary NGO. It is the one which championed third-termism, and it cannot violate the same principles it challenged before.
“Whatever the case, a continuity clause cannot replace a fresh mandate. PAC needs urgent leadership renewal to protect its credibility,” he said.
Advertisement