District Councils in Malawi, including Salima, Kasungu, Dowa, Chitipa and Nsanje, are actively advancing district-level by-laws that impose new regulatory controls on civil society organizations (CSOs). These by-laws mandate local registration, annual licensing fees, additional reporting obligations, and enforcement measures including suspension of operations, financial penalties, and inspection powers.
Through these actions, District Councils are creating a parallel regulatory system at local level, despite the existence of a national legal framework under the NGO Act (as amended), which mandates the NGO Regulatory Authority (NGORA) as the sole body responsible for registration and oversight of NGOs, and CONGOMA as a coordinator, with its role augmented by the NGO regulation on coordination. This represents a shift in the regulatory landscape and a direct challenge to the coherence of the national framework.
The by-laws are introducing a “second regulatory gate” that forces CSOs to comply with multiple, and potentially conflicting, regulatory regimes across districts. This legal fragmentation undermines predictability and increases operational uncertainty, particularly for organizations working across multiple districts. By assuming regulatory roles, Councils are duplicating national mandates and expanding discretionary powers beyond coordination functions.
The implications for the enabling environment are severe. The by-laws grant broad enforcement powers, including the ability to suspend operations and impose penalties linked to administrative requirements. These provisions create a credible risk of undue state interference in the governance and activities of CSOs. In practice, such measures may be used to restrict advocacy work, particularly in governance, human rights, and accountability sectors.
The introduction of mandatory fees and compliance requirements imposes additional financial and administrative burdens, disproportionately affecting smaller and community-based organizations. This risk excluding grassroot actors from civic space and limiting service delivery at local level. Furthermore, inspection and reporting provisions may expose sensitive organizational information, raising concerns about misuse and targeting of certain groups.
If left unchecked, these by-laws risk setting a nationwide precedent for restrictive local regulation, fundamentally weakening Malawi’s supportive legal framework for civil society.
Civil society actors, including CONGOMA and NGO Regulatory Authority (NGORA), are engaging relevant Government institutions to address these developments. However, the speed, spread and depth of the by-laws require urgent and coordinated action.
It is therefore recommended that a national civil society convening be urgently organized to build consensus, adopt a unified sector position, and coordinate engagement with Government of Malawi. Immediate attention is required to safeguard a coherent, transparent, and enabling legal framework for civil society in Malawi.