By Mercy Matonga:
Attorney General (AG) Thabo Chakaka Nyirenda says he will appeal the Constitutional Court ruling on the use of Constituency Development Funds (CDF) to the Supreme Court.
Chakaka Nyirenda told The Daily Times that he intends to seek the Supreme Court’s interpretation and opinion on several aspects of the ruling.
“While we respect court orders—as respect for the Judiciary is sacrosanct—we are aggrieved by the High Court’s decision. Therefore, we will seek final clarification on a number of issues from the Supreme Court,” Chakaka Nyirenda said.
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On his part, Leader of the House Richard Chimwendo Banda said Malawian courts are empowered, under Section 9 of the Republican Constitution, to interpret, protect and enforce all laws of the land, and that everyone is bound by that provision.
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“I, as Leader of the House, may agree or disagree with the outcome of the judgement but I will always support court orders unequivocally. No one should be seen to hamper, defy or ignore such profound decisions, which are the bedrock of our democracy,” Chimwendo Banda said.
Chimwendo Banda also said the decision of the Attorney General—being the government’s principal legal adviser—should not be viewed as disrespect toward the Constitutional Court’s judgement but, rather, as a lawful right.
“Therefore, as Leader of the House, I will continue to respect the rulings and judgements of the Judiciary, as they are a hallmark of my leadership,” Chimwendo Banda said.
Reacting to the AG’s decision, Executive Director of the Local Government Association Hadrod Mkandawire said councils were ready to defend the ruling.
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“The AG has the right; he has received instructions from his client. As for us, we are ready to meet in the Supreme Court because we believe the Constitutional Court’s interpretation was clear,” Mkandawire said.
In a separate interview, Centre for Social Accountability and Transparency (CSAT) Executive Director Willy Kambwandira said the ruling affirms what civil society organisations have long argued that MPs should provide oversight, not manage funds.
“It is unfortunate that MPs have abandoned their legislative and oversight roles in favour of managing CDF funds. CSAT, through its toll-free line 3056, is overwhelmed with community grievances related to CDF projects,” Kambwandira said.
National Coordinator for the Catholic Commission for Justice and Peace, Lewis Msiyadungu, also praised the ruling.
“This has long been anticipated by all Malawians who uphold the rule of law. The ruling will bring sanity to how political governance should operate in the country,” Msiyadungu said.
The AG’s decision to appeal follows a Constitutional Court ruling that lawmakers should not participate in the implementation of the CDF and Water Fund.
On Monday, a panel of three judges—namely Mzonde Mvula, Howard Pemba and Eddah Ngwira-Mwakibinga, led by Mvula—ruled that MPs’ involvement in the use of CDF funds is unconstitutional. They also declared the 2022 CDF and Water Resource Fund Guidelines illegal.
The ruling followed a petition by the Malawi Local Government Association, which asked the court to determine whether it is constitutional for MPs to manage the CDF, whether the 2022 guidelines align with the Constitution and whether MPs should have voting rights as ex-officio members.
