Malawi Local Government Association (Malga) and National Advocacy Platform (NAP) have vowed to challenge in court the Constituency Development Fund (CDF) Constitutional Amendment Bill that Parliament unanimously passed yesterday. Malga executive director Hadrod Mkandawire and NAP chairperson Benedicto Kondowe said the Bill is unlawful and a setback to democratic principles. In a written response, Mkandawi re sa i d t he development was a sad moment for decentralisation and local development, democratic governance, rule of law and constitutional democracy.
He said: “Our members of Parliament [MPs] have decided to undermine the core principles of constitutionalism, rule of law, democratic governance, decentralisation and doctrine of separation of powers.” Mkandawire said they will take the matter to court. On his part, Kondowe said Parliament’s decision to pass the Bill without a single change is deeply troubling. He said the amendment does not strengthen accountability as it institutionalises conflict of interest and politicises K5 billion per constituency.
During voting for the Bill, 199 legislators voted in favour of the amendment while 25 were absent. Introduced as a Private Member’s Bill by Mzimba South lawmaker Emmanuel Chambulanyina Jere (Malawi Congress Party-MCP), the Bill sought to amend the Constitution to establish the fund, outline its purpose, governance and guiding principles for governance, management and utilisation. In his concluding remarks on the Bill, Jere said he was happy that the Bill has been passed.
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“It is not easy to see a Private Member’s Bill have overwhelming support like this, but 199 members have voted in favour of the Bill, which means it has been heavily legitimised. This is historic,” he said. But Minister of Justice and Constitutional Affairs Charles Mhango said there is still a long way to go, including seeking the President’s approval and passing another Bill to personalise the CDF.
He said: “It is not over yet. We will bring to the Parliament another Bill, which will personalise the CDF and put guidelines on how the funds should be managed. “Remember, there is the Public Finance Management Act which clearly stipulates how public funds are supposed to be managed. That Bill will put that into consideration and make sure members of Parliament only play their representation, legislation and oversight roles.”
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