Pressure Group Objects Installation of Macra’s Information Tracking Machine

DEMOCRACY & GOVERNANCE ADVOCACY GROUP
DGA-MALAWI

Pressure group advocating good governance and democracy consolidation in Malawi…
c/o kondwani@theinvestigator.news +44 7572227159

20 JANUARY 2025
THE DIRECTOR GENERAL
Malawi Communications Regulatory Authority (MACRA)
LILONGWE

THE SECRETARY FOR INFORMATION AND COMMUNICATION TECHNOLOGY
LILONGWE

THE HONOURABLE OMBUDSMAN
LILONGWE

THE CHAIRPERSON
MALAWI HUMAN RIGHTS COMMISSION
LILONGWE

THE HONORARY SECRETARY
MALAWI LAW SOCIETY
BLANTYRE

THE DIRECTOR GENERAL
PUBLIC PROCUREMENT AND DISPOSAL OF ASSETS AUTHORITY
LILONGWE

Dear Director General,
OBJECTION TO AWARD HASHCOM GHANA LIMITED CONTRACT TO INSTAL MISINFORMATION AND DISINFORMATION TRACKING SYSTEM AND REQUEST FOR FURTHER DETAILS ON THE SYSTEMS, DATA HANDLING AND LEGAL PROVISIONS OF THE TRACKING SYSTEM JUSTIFICATION

We, Malawians residing both in the diaspora and within the country, write to formally object to the award of contract number MACRA/IPDC/ISMDTM/2024/09/07 to Hashcom Ghana Limited for the supply, delivery, installation, commissioning, and testing of an integrated system to track misinformation and disinformation trends in Malawi.
In addition to this objection, we respectfully request the Malawi Law Society and the Malawi Human Rights Commission (MHRC) to investigate the legality of the Malawi Communications Regulatory Authority (MACRA)’s actions in tracking and capturing data of Malawians on digital platforms. Such activities raise serious concerns regarding their alignment with the constitutional rights to privacy and freedom of speech, which are enshrined in our Constitution.
Our specific objections and concerns are outlined as follows:

1. Lack of Legal Mandate and Constitutional Violation
   MACRA lacks the legal mandate to monitor or track the conversations of Malawian citizens, and the introduction of this system will infringe upon the constitutional rights to freedom of speech and personal privacy. We draw your attention to the following:
2. 
   1.1 Constitutional Protections
3. 
   Section 35 of the Malawi Constitution guarantees Freedom of Speech, while Section 21 ensures the Right to Personal Privacy. This includes protection from unwarranted searches and interference with private communications, such as mail and telecommunications.
4. 
   1.2 Legal Overreach
5. 
   MACRA’s intention to monitor what it terms “misinformation and disinformation” necessitates the surveillance of individual digital spaces, including social media and telecommunications platforms. This raises critical concerns regarding the legal basis for such actions and whether any law explicitly authorizes this form of monitoring.
6. 
   1.3 Past Abuses of Related Laws
7. 
   Historical misuse of legal instruments such as the Electronic Transactions and Cybersecurity Act, the Official Secrets Act, and the Censorship and Control of Entertainment Act, among others, highlights the potential for this system to curtail freedom of speech and instil fear among Malawians.
   In the absence of an appropriate legal framework, MACRA’s proposed actions are unlawful and unconstitutional.
8. Use and Security of Tracked Data
   Tracking trends of misinformation and disinformation involves the collection of personal data. MACRA’s proposed system raises the following critical concerns:
9. 
   2.1 Purpose and Usage
10. 
    There is insufficient clarity on why MACRA intends to monitor citizens, how the collected data will be used, and how misinformation or disinformation will be defined and classified.
11. 
    2.2 Data Security Risks
12. 
    Without robust mechanisms to protect collected data, there is a significant risk of breaches that could expose Malawians’ personal information. Global examples, such as fines levied against tech giants for location tracking, underscore the gravity of such breaches.
13. 
    2.3 Unanswered Questions
14. 
    MACRA has not adequately addressed how the data will be stored, who will have access, and the criteria for monitoring and classification.
15. Risks Associated with Hashcom Ghana Limited
    The selected contractor, Hashcom Ghana Limited, raises several red flags:
16. 
    3.1 Lack of Transparency
17. 
    The company appears to lack a formal management structure and relies on a single individual, Baba Halidu Musa, for operations. This raises questions about its capacity to deliver a project of this scale and complexity.
18. 
    3.2 Middleman Concerns
19. 
    There is no evidence to suggest that Hashcom Ghana Limited is the original supplier of the proposed system. Engaging a middleman typically inflates costs unnecessarily.
20. 
    3.3 Excessive Costs
21. 
    The contract value of USD 1.5 million is alarmingly high compared to similar systems available on the global market. MACRA has not provided adequate justification for this expenditure or disclosed how the contractor was selected. This comes against a background of an acute foreign exchange crisis that has crippled the Malawi economy amid a rising public debt.
22. Public Interest and Justification
23. 
    4.1 Lack of Public Benefit

The procurement of this system offers no tangible benefits to the public. At a time when Malawi is grappling with a declared State of Disaster, with over five million citizens facing severe food shortages, such spending is unconscionable.

4.2 Violation of Public Interest Principles

This procurement undermines the principles of prioritization and responsible resource allocation. Public resources should be directed toward urgent needs, such as food security and healthcare, rather than on initiatives beyond MACRA’s legal mandate.

4.3 Request for Transparency

We demand access to board minutes and other documentation justifying this procurement under the Access to Information Act.

5. Call for Investigations and Accountability
   We respectfully request the following actions:
6. 
   5.1 Legal Review
7. 
   The Malawi Law Society and the Malawi Human Rights Commission should investigate the legality of MACRA’s proposed tracking system and its implications for constitutional rights.
8. 
   5.2 Public Interest Determination
9. 
   The Office of the Ombudsman should investigate and declare this procurement contrary to public interest, emphasizing the need for resource prioritization during the ongoing economic and food crisis.
10. 
    5.3 Procurement Oversight
11. 
    A review of the tendering process for Hashcom Ghana Limited is essential to ensure transparency, fairness, and cost-effectiveness.
12. 
    6.0 Conclusion
13. 
    Considering the above, we strongly object to the award of this contract. MACRA’s focus should be on adhering to its legal mandate and supporting national priorities rather than expending public resources on a system that threatens constitutional rights and offers no discernible public benefit.
    We trust that our concerns will be taken seriously, and appropriate actions will be taken to safeguard the interests of Malawians.

Signed:
Concerned Malawians in the diaspora and at home.

Kondwani BELL MUNTHALI
Coordinator- International Response
kondwani@theinvestigator.news +44 7572227159

Louis NKHATA
Coordinator- Malawi Response
+265 991 437 803

COPIES TO:
• His Excellency President of the Republic of Malawi
• Right Honourable Vice President of the Republic of Malawi
• The Right Honourable Speaker of the Malawi Parliament
• The Right Honourable Chief Justice
• Their Excellencies Former Presidents of the Republic of Malawi
• Former Vice Presidents of the Republic of Malawi
• The UN RESIDENT COORDINATOR, LILONGWE MALAWI
• Diplomatic Missions accredited to Malawi
• Secretary Generals of all Registered Political Parties
• Heads of Major Religious Groups
• Malawi and International Media