The Legal Affairs Committee of Parliament has recommended legislators to retain authority to approve projects funded by Constituency Development Fund (CDF), ignoring stakeholder input and calls to keep a distance.
In a report following a Private Member’s Bill to have members of Parliament (MPs) revert to controlling CDF after the High Court of Malawi barred them, committee chairperson Gilbert Khonyongwa argued that both the Constitution and the proposed CDF Act should clearly provide retention of the said approval role.
Reads the CDF report: “The committee recommends that legislation, both the current Constitutional Amendment and particularly the forthcoming CDF Act, should clearly provide that members of Parliament retain the authority to approve constituency development projects, consistent with their mandate as the primary representatives of their constituencies.
“The committee also affirms that the approval role of members of Parliament—distinct from financial or administrative management—remains central to effective constituency representation and accountability.”
In the report, the committee has ignored most recommendations from the civil society as well as Ministry of Justice and Constitutional Affairs which urged Parliament to abandon the Bill to avoid creating internal inconsistencies within constitutional provisions.
Reacting to the position last evening, Malawi Local Government Association (Malga) executive director Hadrod Mkandawire said they were not surprised that the committee’s recommendations were skewed in favour of legislators.
In an interview, he said: “The committee has proceeded to sugarcoat their unconstitutional recommendations.
“For instance, the report recommends that MPs be approving projects, which is the constitutional and statutory presence of council members. This being the case, we reiterate our earlier position that this will be challenged in court.”
In Parliament yesterday, the committee said the proposed changes will resolve governance gaps exposed by a recent High Court of Malawi ruling while maintaining a clear separation between MPs’ approval powers and the administrative functions of councils.
challenged in court. | Nation
Khonyongwa said the amendment “does not violate the court judgement” because the ruling addressed flaws in the existing framework, not Parliament’s authority to legislate.
“The distinction is clear: MPs provide oversight and approval, while councils deliver projects. Mixing these roles is what previously created administrative challenges,” he said.
Former minister of Local Government and Rural Development Richard Chimwendo Banda defended MPs’ involvement in project approval, saying development cannot be implemented without parliamentary oversight.
In closing the debate, First Deputy Speaker of Parliament Richard Musowa said the Committee’s recommendations “fix an administrative gap without taking away control from MPs,” framing the amendment as technical.
National Advocacy Platform (NAP) chairperson Benedicto Kondowe wondered why the committee ignored the recommendations from the Ministry of Justice which asked Parliament to consider avoiding the constitutional amendment altogether and instead establish a standalone CDF Act.
He said approval, administration and implementation of public funds are executive and local government mandates, not legislative ones.
Said Kondowe: “When lawmakers subordinate legal guidance to personal or political interest, they cease to act as guardians of the Constitution and instead become active participants in its erosion.”
Former minister of Justice Fahad Assan said based on Section 7 of the Constitution, only the Executive shall be responsible for the initiation of policies and legislation and for the implementation of all laws.
Senior Counsel Shabir Latif, a veteran in the legal profession who was also part of coming up with the Constitution, said briefly that changing the dictates of the Constitution, especially protected sections, requires a lot.
A Constitutional Amendment Bill, emanating from a Private Members’ motion on the management of CDF, especially the role of Members of Parliament (MPs) in its management, is before Parliament despite resistance from several quarters.
