IV. Political Environment Nature of Bilateral Relationship with the United States Malawi has sound diplomatic, commercial, and social ties with the U.S. U.S. officials enjoy access to and congenial relations with the GOM, as well as with opposition parties, business and commercial organizations, and representatives of other sectors of Malawian society. Approximately 15 U.S. businesses are present in Malawi through subsidiary or agency relationships. Peace Corps volunteers and American missionaries are situated throughout the country. The U.S. is a leading international donor to Malawi. Political Issues Affecting Business Climate Expatriate Expertise - Most larger local companies, including foreign companies with Malawian subsidiaries, have some high level expatriate managers. In order to lawfully reside and work in Malawi, these managers must be granted a "Temporary Employment Permit" (TEP) by the GOM. The present GOM has given strong indications that it will not continue to grant TEPs if qualified Malawians are available to take the positions. Local companies are concerned. They claim that different cultural expectations are brought to bear on Malawian employees, making it more difficult for them to meet corporate expectations. Rumors of the reversal of the Liberalized Foreign Exchange Regime - The February 1994 decision by the former GOM to allow the Malawi Kwacha (MK) to float against other currencies has resulted in an effective 65 percent devaluation of the currency and local price increases. As the tobacco auctions draw to a close in September, the inflow of foreign currency into the country will decrease, and the general expectation is that the currency will devalue further. Simultaneously, the currency flotation has had the effect of stimulating local manufacturers to identify new export markets and making hard currency available to those willing and able to pay the price. Due to the latter benefits, the local business community generally favors the floating MK. Malawi's commercial sector is presently concerned about rumors that the new GOM may reverse the liberalized exchange system and reinstitute a managed exchange rate. Once the position of the GOM becomes clear - we expect the floating MK to be retained - business fears should subside. Corruption - Malawi used to enjoy the reputation of an African country relatively devoid of corruption. This has changed, and Malawi's business community now sees corruption - particularly corruption associated with government services - as a threat to legitimate competition and a critical drain on government coffers. When the GOM recently outlined its economic priorities, the prevalent business comment was that the speeches were noteworthy for their lack of emphasis on the corruption problem. Possible Labor Unrest - The floating of the MK has effectively decreased the buying power of Malawi's salaried employees. The nation's workers - both government and private sector - are widely expected to demand pay increases before the end of 1994. Pay increases in the amounts likely to be demanded would be in excess of available corporate and GOM funds without reductions in employee numbers. Increasing pay scales without sufficient funds would seriously threaten Malawi's structural adjustment program with the International Monetary Fund (IMF). Letting employees go in order to reduce thaggregate pay roll is culturally unacceptable in Malawi where the average salary earner helps to support nine unsalaried Malawians. Labor unrest is feared. Synopsis of Political System For approximately 30 years, Malawi was governed by an autocratic ruler who possessed absolute control over a one party state. This changed in May 1994, when Malawians voted the leader of the United Democratic Front party (UDF), Mr. Bakili Muluzi, into power as President. Malawians are still actively defining the mechanisms of governance under their new multiparty democracy. The national Constitution will be the subject of revision and amendment throughout 1994. The role and seat of Parliament also remain to be determined. The national elections, contested by eight parties, returned representatives of three parties - UDF, MCP, and the Alliance for Democracy (AFORD) - to parliament. UDF holds the largest number of parliamentary seats, but no party controls the necessary majority to adopt legislation unilaterally. Malawi's executive branch is headed by a President and Vice President. There is a cabinet appointed by the President. Presently, the cabinet consists of the President, the Vice President, all government ministers, and one deputy minister. There are 22 government ministries, of which three remain without designated heads. The Office of the President and Cabinet (OPC) is the working office of the executive. Malawi has a functioning and independent judiciary. In the past, "traditional" and "modern" courts exercised distinct jurisdictional prerogatives. Recently, however, the GOM has limited the jurisdiction of the traditional courts to civil, customary, and minor criminal cases, and has plans to vest the high court of the modern court system with the ultimate right of review over traditional court decisions. The modern court system is based on the substantive and procedural law of the British Commonwealth.