Does Malawi need councillors?

Dan Kampata Nyirongo, ContributorMalawians go to the polls today to elect a president, members of Parliament (MPs) and ward councillors. This is the first time tripartite elections are being held in this country. It is, therefore, important that people understand the distinct responsibilities of a president, MPs and ward councillors.

Generally, it can be argued that most people do understand the job description of their president—that is to provide overall executive leadership in the socio-economic development of this country. This, among others, is done by proposing and formulating policies in line with the aspirations of Malawians. Political party manifestos contain policy directions each political party wants to take once elected in office.

However, it appears most Malawians do not understand the duties of an MP and how these differ from those of a ward councillor.

Apart from illiteracy, since Malawi became a democracy in 1994, it has had councillors for only one term, between 2000 and 2005. In my opinion, that crop of councillors did not leave much to show for their tenure of office. People may not have noticed the work councillors were doing; and if they did notice, most Malawians may have forgotten.

The just-ended campaign period attests to the fact that Malawians do not know the difference between the duties of an MP and those of a ward councillor. For instance, in most constituencies and wards, it is common to find aspiring councillors and legislators doing and saying the same things! You would find a shadow councillor saying: “Once you elect me as your councillor, I will construct this road for you”. Similarly, a shadow MP would also say: “Once you elect me as your councillor, I will construct this road for you”.

Thus, Malawians are bound to see shadow MPs and shadow councillors buying coffins for their constituents at funerals; paying school fees for needy students; and all other sorts of material support. Does this mean the duties of councillors and MPs are the same? If they are, do we really need them both?

The Malawi Constitution gives a clear distinction between the duties and functions of MPs and that of councillors. This is found in Section 66 (1), which states: ‘The National Assembly shall be a directly elected Chamber the primary purpose of which shall be legislative and which shall have power, subject to this Constitution, to – Receive, amend, accept or reject Government Bills and Private Bills; Initiate Private Member’s Bills on the motion of any member and amend, accept or reject all Private Member’s Bills; Receive, amend, accept or reject any Bills remitted from the Senate; Debate and vote motions in relation to any matter including motions to indict and convict the President or Vice-President by impeachment; Exercise such other functions and powers as are conferred on it by this Constitution; and; Take all actions incidental to and necessary for the proper exercise of its functions’.

You will notice that these duties have nothing to do with building school blocks or roads! The above section shows that MPs’ duties are to legislate. Other functions may include duties played by parliamentary committees such as the Parliamentary Accounts Committee (PAC).

On the other hand, the Constitution provides the following as functions of local government (where Councillors belong) in Section 146(2) says: ‘Local government authorities shall be responsible for the representation of the people over whom they have jurisdiction, for their welfare and shall have responsibility for – The promotion of infrastructural and economic development, through the formulation and execution of local development plans and the encouragement of business enterprise; The presentation to central government authorities of local development plans and the promotion of the awareness of local issues to national government; The consolidation and promotion of local democratic institutions and democratic participation; and Such other functions, including the registration of birth and deaths and participation in the delivery of essential and local services, as may be prescribed by any Act of Parliament’.

It is clear from this that councillors are the custodians of infrastructural development in their wards. And even then, this does not have to come from their pockets as is the case during campaigns, but from the central government!

Therefore, unless we agree as a nation to stop MPs from performing functions of councillors, this madness of having MPs moving around like Father Christmas, buying coffins during campaign times will never stop. Such behaviour will not develop our country.

And just to show the gravity of the problem among our MPs in particular, and the National Assembly in general, Parliament’s Question Time is simply a litany of MPs asking this and that ministry to construct schools, bridges, roads, boreholes and schools, among others. This time should be put to better use such as questioning various ministries on legislative matters. We have a lot of bills to be passed as well as archaic and outdated laws in this country which need to be reviewed and/or amended by our Parliament! This should be the focus of our MPs.

If parliamentarians understood their role, they would not view councillors as a threat to their political careers. MPs need to start performing their rightful duties. That way, our democracy will mature and Malawians will know what to demand from MPs and councillors.

However, if MPs feel their duties are not “enough” and that they can combine with the duties of councillors, then we better abolish one or the other between MPs and councillors. It does not make sense to have two separate offices performing the same duties!