President Peter Mutharika has not signed into law the controversial Constituency Development Fund (CDF) Constitutional Amendment Bill and instead directed two Cabinet ministers to draft guidelines that will ensure transparency and fiscal accountability.
The decision has earned the President praise from legal, civil society and accountability advocates who have described it as constitutionally sound,
principled and that it has averted the Legislature from usurping Executive power.
In a statement last evening, presidential press secretary Cathy Maulidi said the President has issued directives meant to ensure that development projects at constituency level continue to progress without compromising financial integrity.
Reads the statement in part: “… the President has issued the following directive: The Ministers of Justice and Constitutional Affairs and Finance and Economic Planning to draft guidelines for the management of the Constituency Development Fund.
“His Excellency the President reaffirms his government ’s commitment to ensuring that the management of public funds, particularly the CDF, meets the highest standards of accountability, transparency, and fiscal responsibility.”
Besides establishing CDF, the Bill also outlined its purpose, governance and guiding principles for governance as well as management and utilisation.
Maulidi. | Nation
In his reaction last evening, Malawi Local Government Association (Malga) executive director Hadrod Mkandawire commended the President’s decision.
He said by withholding assent, Mutharika has risen to the occasion, standing with the principles of constitutionalism, rule of law, fundamental cornerstones of decentralisation, and democratic governance’.
Said Mkandawire: “We further welcome the President’s directive to the ministries of Justice and Finance to draft guidelines for the management of CDF.
“We call upon the two ministries to ensure the process is inclusive and transparent, and that all key stakeholders are consulted.”
Earlier last year, Mkandawire, a lawyer, led Malga in a case which saw the High Court of Malawi
sitting as the Constitutional Court declaring that the involvement of legislators in the management, prioritisation and implementation of the CDF and Water Resources Fund violated the doctrine of separation of powers under Sections 7, 8 and 9 of the Constitution and improperly intruded into the
core functions of the Executive.
National Advocacy Platform (NAP) chairperson Benedicto Kondowe, who led civil society organisations in engaging Parliament not to proceed with the Bill, last evening said given the court judgement, clear decentralisation framework under Section 146 of the Constitution and overwhelming public opposition, withholding assent was the only responsible course.
“The way forward is not political brinkmanship or legislative stubbornness, but a return to constitutional compliance. Parliament must revisit the Bill, align it with the Constitution and the court’s determination, meaningfully engage the public, and respect the separation of powers,” he
said.
In a separate interview, Centre for Social Accountability and Transparency executive director Willy Kambwandira hailed the decision and said giving members of Parliament (MPs) direct control over CDF would have institutionalised conflict of interest and legalised abuse of public funds.
He said: “Members of Parliament cannot be both appropriators and implementers. That is a clear violation of accountability and separation of roles.
“By blocking this Bill, the President has protected the Constitution, not allowing MPs’ political convenience.”
Former Minister of Justice and Constitutional Affairs Fahad Assan said Mutharika has demonstrated that he knows what skills and framework a valid Constitution should look like from the very beginning.
He said: “What the President has done is that he doesn’t want to give constitutional strength, because we already have the law that governs all public finances, the Public Finance Management Act.
“Had members of Parliament listened to us, not to put their roles in that section, by simply saying let the Constitution create CDF, there would have been no problems. But they wanted to usurp the powers of the Executive.”
Meanwhile, Legal Affairs Committee of Parliament chairperson Gilbert Khonyongwa said it is within the President’s powers to withhold consent to a bill.
“The House will decide on the way forward,” he said briefly in a written response last evening.
After the Constitutional Court ruling last year, Mzimba South MP Emmanuel Chambulanyina Jere (Malawi Congress Party) tabled a private member’s Bill to amend the Constitution to provide for establishment of the CDF, purposes of the fund, governance of the fund, guiding principles for the governance and management and utilisation of the fund. CDF is now pegged at K5 billion per constituency per year
