About the Basel Institute on Governance
The Basel Institute on Governance is an independent non-profit organisation working across
sectors to counter corruption and related financial crimes and to improve the quality of
governance. Registered as a Swiss foundation with headquarters in Basel, the Institute works
globally and maintains field operations around the world. The Basel Institute is an Associated
Institute of the University of Basel.
Tackling Serious and Organised Corruption (TSOC Malawi)
The objective of the Tackling Serious and Organised Corruption (TSOC) programme is to
increase the likelihood and severity of sanctions for high-level corruption, and in doing so deter
future crimes. The largest component is implemented by the International Centre for Asset
Recovery (ICAR). This responds to strategic and technical assistance needs requested and
agreed with the Anti-Corruption Bureau (ACB), the Financial Intelligence Authority (FIA), and
the Office of the Director of Public Prosecutions (DPP). TSOC also emphasises preventionoriented
activities, including private-sector engagement, supporting the work of the ACB’s
prevention, education, and research teams, and working with journalists to improve the quality
of reporting on corruption and anti-corruption in Malawi through the Continuing Journalism
Education (CJE) activities.
Assignment
In 2019, the Government of Malawi, through the ACB and with support from the Basel Institute
on Governance developed the National Anti-Corruption Strategy NACS II (2019-2024) as a
key document aimed at providing a holistic approach and guiding anti-corruption efforts in
order to strengthen the rule of law, promote a culture of integrity and improve public service
delivery in the country. NACS II, like its predecessor NACS (2008-2013), identified fighting
corruption as a shared responsibility among all stakeholders, to be guided by a unified vision
for a corruption-free Malawi. In this regard NACS II identified tasks and responsibilities for each
of the twelve pillars that represent all sectors of Malawian society in the fight against corruption.
NACS II is currently in its final year of implementation, and the ACB is aiming to develop the
NACS III to ensure a continued, systematic approach to combating corruption in Malawi. While
some progress has been registered under NACS II, challenges and lessons learned during its
implementation will inform the new strategy.
Several significant developments over the past five years will inform the development of NACS
III. These include a) the introduction of the Malawi Agenda 2063 (MW2063) as a blueprint for
Malawi’s aspirations and sustained development agenda, which has replaced the MGDS III
that informed NACS II; b) the recent amendment of the Corrupt Practices Act (CPA) granting
the ACB full prosecutorial powers; c) the review and enactment of several laws such as the
Public Finance Management Act, Public Procurement and Disposal of Assets Act, and Public
Audit Act; and d) the establishment of new governance structures and institutions such as the
Financial Crimes Court.
In order to properly set the foundations for the drafting of the NACS III in a manner that is
responsive to the evolving landscape of corruption in Malawi and to ensure it will reflect the
right balance of ambition and feasibility, a thorough review of the NACS II is necessary. The
review process will involve assessing the performance of NACS II by evaluating its
achievements and effectiveness in terms of goals, objectives, outputs; relevance of particular
approaches and interventions; effectiveness and implementation capabilities of the
governance structure of NACS II; and financing of NACSII. This TOR pertains the development
and implementation of the aforementioned review process as well as making proposals for the
development of a rigorous, evidence-based methodology to support the drafting of NACS III in
a manner that ensures that it will be a rigorous, evidence-based document, fit to address
relevant priorities in the fight against corruption in Malawi.
