Reverend Moses Nkhana, Executive Director of the Mzimba Youth Organization, has welcomed Monday’s landmark Constitutional Court ruling, which declared the 2022 guidelines for the Constituency Development Fund (CDF) and the Water Resource Fund (WRF) unconstitutional.
The court’s judgment has sparked nationwide debate over the role of Members of Parliament (MPs) in local development financing.
“We are very happy with the court’s judgment,” said Rev. Nkhana in an interview. “Members of Parliament were indeed bulldozing the fund and using it as a campaign tool. This ruling is a win for transparency and local governance.”
The Constitutional Court found that the involvement of MPs in managing the CDF and WRF undermines their constitutional mandate of providing oversight. The court ruled that the dual role of MPs as both fund administrators and oversight officials poses a clear conflict of interest, eroding accountability at the grassroots level.
At the heart of the decision are the 2022 guidelines that gave MPs significant influence over the management and allocation of both funds. The court stated that these provisions violate the principle of separation of powers and ordered immediate amendments to the guidelines.
One of the most significant changes mandated by the court is the removal of MPs from fund administration roles.
The ruling directs that MPs be replaced by other stakeholders in the decision-making structures overseeing CDF and WRF allocations.
Additionally, the court has revoked MPs’ voting rights in council meetings, citing that such rights create a direct conflict with their oversight responsibilities.
Under Section 5(1b) of the Local Government Act, MPs were previously granted voting rights as ex-officio members of local councils. This provision is now rendered invalid following the court’s decision.
Legal counsel for the Malawi Local Government Association (Malga), Marshall Chilenga, emphasized the broader implications of the ruling.
“This judgment means that MPs will no longer be involved in managing either the Constituency Development Fund or the Water Resource Fund,” he told Malawi24.
“The role of MPs must now be purely legislative and oversight in nature.”
Currently, the government allocates K220 million annually to each constituency through the CDF.
Analysts suggest that district councils and local development committees could assume increased responsibility—a move some believe will improve transparency and reduce political interference.
The ruling is widely seen as a turning point in Malawi’s governance landscape, promoting greater accountability and the depoliticization of public resources.
For Rev. Nkhana and other civil society leaders, the judgment is a welcome affirmation of democratic norms. “This should mark the beginning of a more inclusive and accountable system of managing public funds,” he said.
As the government prepares to amend the current guidelines in compliance with the ruling, all eyes will be on Parliament and the Ministry of Local Government to ensure the reforms are swiftly and properly implemented.
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