Parliament has come under growing criticism for increasingly bypassing established procedures in the legislative process, leading to the erosion of transparency and accountability.
Traditionally, bills are required to be accessible to stakeholders and the public at least 28 days before they are debated and enacted to allow for meaningful input and scrutiny.
But our observation shows that during the last two parliamentary sessions, several bills were rushed through Parliament.
Key ones include:
lPresidential, Parliamentary and Local Government Elections (Amendment) Bill: This Bill was fast-tracked in an emergency session in August 2025, bypassing the standard 28-day waiting period. The amendment allowed essential workers, such as polling staff, security personnel and political party representatives, to vote at the polling stations where they were working on polling day.
lFinancial and economic bills: In December 2024, Parliament passed several bills quickly including the Insurance Bill, the Public Procurement and Disposal of Assets (PPDA) Bill, the Financial Service Amendment Bill and the Value-Added Tax Amendment Bill.
lJudicial reform bills: The Constitution (Amendment) Bill, the Courts (Amendment) Bill and the Judicial Service Administration Bill were also hastily enacted into laws in late 2024 after the Malawi Law Society had advocated for their tabling.
lThe Energy Regulation Act (Amendment) Bill 2004: The Bill sought to address challenges identified in the implementation of the Act.
lLiquid Fuels and Gas (Production and Supply) (Amendment) Act 2025: The legislation was passed to shift fuel procurement from open tender to a government-to-government (G2G) arrangement. The amendment was intended to streamline the supply chain and improve efficiency.
There is now a new Bill—the CDF Constitution Amendment Bill—in its early stages within Parliament. It has been handed over to the Legal Affairs Committee for stakeholder consultation. The Bill, introduced as a Private Member’s Bill, seeks to anchor the Constituency Development Fund (CDF) in the Constitution and to grant members of Parliament legal control over its management. A 28-day waiver has been sought to expedite its legislation.
The Bill comes against the background that CDF, currently at K220 million, will be increased to K5 billion from the next fiscal year.
The Bill also comes after a landmark ruling by the Constitutional Court in May 2025 which removed MPs from managing the CDF and Water Resources Fund. A three-judge panel ruled that allowing MPs to manage and implement the CDF violated the constitutional doctrine of separation of powers as MPs belong to the legislative arm of government while fund management and project implementation are executive functions.
The practice of fast-tracking bills bypassing the 28-day waiting period has drawn criticism from civil society organisations and the opposition, who argue it limits public participation and parliamentary scrutiny and can lead to legal contradictions or poorly drafted laws.
The 28-day waiting period is a rule under the Parliament’s Standing Orders that require a bill to be published in the Government Gazette and circulated to all members of Parliament for at least 28 days before it can formally be introduced for debate (First Reading) in the National Assembly.
Centre for Human Rights and Rehabilitation (CHRR) executive director Michael Kaiyatsa said that by-passing the 28-day rule is unhealthy for democracy.
“Public participation is essential to democratic governance. When bills are developed without adequate consultation, the process becomes less transparent and less accountable. This undermines both the quality and the legitimacy of the laws that are ultimately enacted, and it weakens public trust in the institutions responsible for making them,”Kaiyatsa explained.
He further noted that the 28-day consultation period exists for a reason, which is to give the public and stakeholders a genuine opportunity to analyse and provide input on proposed legislation.
Argued Kaiyatsa: “While waivers may be justified in truly exceptional circumstances, the frequent use of this provision weakens transparency and limits scrutiny. Over-reliance on waivers risks turning an important democratic safeguard into a mere formality, which ultimately undermines accountability and public confidence in the legislative process.”
Kaiyatsa also expressed concern over the use of a Private Member’s Bill, on CDF, describing it as “a loophole to sidestep public participation”.
He said although Private Members’ Bills are permitted under parliamentary rules, their misuse to avoid stakeholder engagement is problematic.
This trend, according to Kaiyatsa, contributes to a shrinking civic space, characterised by fewer opportunities for citizens to participate meaningfully in the law-making process.
“A healthy democracy requires openness, participation and genuine engagement, not shortcuts that limit public participation,” he asserted.
On his part, governance expert Willy Kambwandira condemned the routine bypassing of public participation, describing the practice as a threat to democratic integrity and warned that it risks pushing the country toward executive dominance.
“Routinely waiving the 28-day requirement risks turning law-making into an elite and closed-door exercise, which erodes public trust in governance,” he added, describing the practice as an abuse of an exception meant for genuine emergencies.
Kambwandira also said that recent legislative drafting has been characterised by a hurried pace, which he believes signals deliberate tactics to evade public scrutiny.
“Using Private Members’ Bills as a shortcut to avoid stakeholder and public consultation is a clear manipulation of parliamentary procedures. It is now being used as a tool meant for independent legislative initiatives and turns it into a shield against scrutiny,” he said.
Kambwandira warned that such practices diminish transparency, weaken accountability and threaten the integrity of Malawi’s legislative process, which raises questions about the future of democratic governance in the country.
