By Mercy Matonga:
The new Bill that members of Parliament (MPs) have agreed to discuss in the House gives the MPs the authority to take control of the Constituency Development Fund (CDF).
The Bill that Malawi News has seen, which is yet to be introduced but which MPs intend to deliberate on, proposes the insertion of a new Chapter XIVA into the Constitution, cited as the Constitution (Amendment) Act of 2025.
“Notwithstanding any provision under Chapter XIV, members of Parliament shall be responsible for the governance of the Fund as prescribed by an Act of Parliament,” reads the Bill.
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The bill also says that In order to promote and attain the democratic empowerment of constituents, the CDF shall be governed, managed and utilised in accordance with the guiding principles of transparency accountability efficiency community ownership; and community empowerment.
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“The principal object of this Bill is to amend the Constitution in order to provide for the establishment of the Constituency Development Fund (the“Fund”); For the purposes of the Fund; for the governance of the Fund; and for the guiding principles for the governance, management and utilization of the Fund,” further reads the bill.
Commenting on the matter through a statement, Malawi Local Government Association (Malga) Executive Director Hadrod Mkandawire said the bill is a surprising move as the court ruling was meant to ensure separation of powers.
“We find this not only an outright betrayal of trust of Malawians bestowed on condition to the Parliamentarians, but also a blatant disregard of the rule of law and core principles of decentralisation,” reads the statement.
The statement further said the High Court’s ruling reinforced the cornerstones of decentralisation, which, is premised on separation of decision – making between those at the central government level and those at the local level.
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“We call upon our members of Parliament to seriously consider not to entertain the infamous Bill that seeks to undermine the High Court decision on separation of powers, core principles of constitutionalism and rule of law,” further reads the statement.
On its part, National Advocacy Platform (Nap) through a statement signed by its Chairperson Benedicto Kondowe also expressed alarm and condemned parliamentarians’ intended move, and urged that Malawians should categorically reject the Constitution (Amendment) Bill, 2025, gazetted on 21 November 2025
“Malawians and civil society must stand firm against any attempt to capture public funds for political gain, remaining vigilant and organised to resist parliamentary self-interest through lawful means, including public demonstrations, peaceful assembly at Parliament during the Bill’s tabling, and constitutional legal challenges by a willing constituency where necessary,” further reads the statement.
Nap also said the Bill is an “affront to the Constitution, an insult to the Malawian people, a betrayal of judicial authority, and a blatant reversal of democratic gains.”
Nicholas Mwisama, a public policy analyst working with Transparency International, says the proposed amendment “exemplifies a short-term electoral gains that preoccupy politicians at the expense of institutional integrity and meaningful development”.
“If enacted, it could entrench patronage, stifle council capacity (already hampered by fiscal centralism), and provoke Supreme Court invalidation, eroding public trust. Positively, constitutional entrenchment could standardize funding, but only if governance shifts to councils,” he says.
Mwisama says CDF funds, derived from national appropriations, are inherently “devolved” resources for local use.
According to him, assigning control to MPs bypasses local councils who are primary duty bearers.
“This is fragmenting governance and diluting councils’ constitutional mandate to formulate and execute district development plans. This risks a “parallel structure” of development, where constituencies overlap with but supersede local councils, eroding the territorial integrity of local government,” he says.
Last week, MP for Mzimba East, Emanuel Chambulanyina Jere, moved a motion in the House calling for the introduction of a Bill that will guide the allocation and management of the CDF. On 26 May, a panel of three judges Justice Mzonde Mvula, Justice Howard Pemba, and Justice Eddah Ngwira-Mwakibinga ruled that MPs’ involvement in the use of CDF funds is unconstitutional.
The Judges also declared the 2022 Constituency Development Fund and Water Resource Fund guidelines illegal.
The ruling followed a petition by the 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.
