Conference opposed local government bill that gives President more powers

At the invitation of the Centre for Multiparty Democracy (CMD), traditional and religious leaders, Members of Parliament, leaders from different political parties, members of civil society and representatives of the media having met  in Lilongwe are up in arms against new Constitutional amendment which gives President Bingu wa Mutharika dictatorial powers to decide when local government elections should be held.

The leaders meeting  under the theme: “Bringing Democracy Home: Working Towards Local Government in Malawi,” and having had a consultative appraisal on the status of Local Government and Local Government Elections in Malawi have since asked President Mutharika (pictured)  not to assent to the proposed Constitutional amendment to the Local Government provision.

CMD Chairperson Khwauli Msika said during a Consultative Conference , delegates observed that in Malawi, there is a historical tendency to centralize power and authority by the Executive Branch of Government.

They also observed that presently, Malawi has adequate legal and institutional framework for the successful implementation of democratic Local Government.

The summit also noted that there has been lack of strong political will at the centre to make the Local Government work.

Another observation was that t currently, the rationale for the proposed Constitutional amendment to the Local Government provision does not arise due to shortfalls in the existing law, but that it is a planning and management issue.

“The proposed Constitutional amendment to the Local Government provision fails to take into account its inherent inconsistency with other provisions such as those on Presidential and Parliamentary Elections (PPEs), and the tenets of fairness in the electoral process,” noted the meeting.

The meeting observed: “the proposed Constitutional amendment to the Local Government provision introduces a serious layer of unpredictability in matters of implementation. And this is contrary to the qualities of a good law. “

They also pointed out that presently, the transactions taking place in the Local Authorities are not consistent with the spirit of corporate and good governance, and risk being challenged and declared illegal.

Based on the observations and concerns, participants to the conference agreed and recommended that that Local Government Elections should be organized and conducted in 2010 as per the provisions of the existing law, and that the Government of Malawi and the Electoral Commission should initiate the process to that end.

They also recommended that: “In the long-run, practical alternatives should be explored to resolve the perceived shortfalls to the Constitutional Local Government provision; for example, holding Tripartite Elections.

There should be adequate consultations involving all stakeholders before any amendments to the existing laws are made, the meeting agreed.

The Constitutional review process (2006-2007) should be finalized as that would reflect the thinking of the country as what needs to be changed in the Constitution-state this also in the observations

Tagged with: Bingu, Centre for Multiparty Democracy, Local government elections

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