The Enduring Legacy of British-Promulgated Institutions on Civil Liberties and Governance in Post-Independence Malawi: An Analysis Grounded in Historical Institutionalism

Abstract

A British protectorate from 1891, Malawi became independent in 1964. Historians typically recognise the period from 1964 to at least the early 1990s as one in which Malawi was under the dictatorship of President Hastings Kamuzu Banda. Freedom of expression was virtually non-existent in public and human rights were violated as a norm. However, as a result of both external and internal pressure, Banda was compelled to call for a referendum in 1993 and an overwhelming majority voted for multi-party democracy. Later, in 1994, the country adopted a new Constitution, one that clearly separates the three branches of government and guarantees civil rights. The new Constitution notwithstanding, there remain many provisions in the statutes and the legal codes that can be, and are, used by the authorities to repress or punish expression and to abuse citizen’s rights. Moreover, although the new Constitution clearly separates the three branches of government and ascribes to them their respective powers, several presidents have endeavoured to dominate the other two branches of government. Using an approach grounded in historical institutionalism, specifically the concept of path dependence, this article traces Malawi’s current socio-political institutions all the way back to when the country was a British protectorate. In so doing, the article takes a somewhat sympathetic view of the Banda dictatorship, showing how the institutions established under British rule influenced how Banda governed. Critically, the article shows that elements of these institutions continue to have an impact on civil rights and governance in Malawi today.