CDF War Refuses to Die: Parliament, Councils Lock Horns as Mutharika Holds The Key

The long-running power struggle over control of the Constituency Development Fund (CDF) has flared up again, exposing deep and unresolved fault lines between Parliament and local councils, with President Peter Mutharika now holding the decisive card.

Hadrod Zeru Mkandawire: MALGA Executive Director

The Malawi Local Government Association (Malga) has reaffirmed its outright rejection of the CDF Bill passed by Parliament, warning that the legislation threatens the principles of decentralisation and undermines the legal authority of councils. The standoff resurfaced yesterday during a Local Government Authorities Extraordinary General Assembly in Lilongwe, where council officials were meeting to validate Malga’s strategic plan.

At the centre of the impasse is President Mutharika’s pending assent to the bill — a move that could either entrench Parliament’s grip on CDF or force a rethink that favours local government structures.

Opening the meeting, Minister of Local Government and Rural Development Ben Phiri attempted to downplay the conflict, insisting that the management of CDF is already clearly provided for under existing laws.

“The Local Government Act clearly outlines how CDF funds should be managed. District commissioners and chief executive officers will oversee implementation, while councils will play a key oversight role,” Phiri said.

The minister maintained that the dispute is not insurmountable and stressed that no final position has yet been taken at the highest level of government.

“This matter went through Parliament, but Cabinet has not yet met on it, and the President has not yet assented. There is still a long way to go,” Phiri said, distancing himself from either side of the fight.

But Malga showed no sign of backing down.

Executive Director Hadrod Mkandawire said councils remain firmly opposed to the bill, arguing that it was introduced and passed without adequately addressing local government concerns.

“We have heard what the minister has said, but our position remains unchanged. We are against the bill that was taken to Parliament. We will wait and see what happens next,” Mkandawire said.

Malga argues that the bill risks weakening councils by shifting control and influence over CDF projects back to Members of Parliament, reversing years of progress on decentralisation.

With Parliament having passed the bill and Malga refusing to accept it, attention has now squarely shifted to State House. President Mutharika’s decision — whether to assent, withhold assent, or send the bill back for reconsideration — will determine the future architecture of CDF management.

Analysts say the prolonged deadlock underscores a deeper governance crisis: a lack of consensus on who truly controls development at constituency level — elected lawmakers or constitutionally mandated local authorities.

The extraordinary meeting was convened under Article 11(4) of Malga’s statutes and carried the theme “Rejuvenating the Status of Decentralisation and Local Development in Malawi: Looking to the Future with Renewed Hope.” Yet the CDF dispute cast a long shadow over those aspirations.

Mkandawire said Malga will continue advocating for councils, generating policy evidence and representing local authorities — roles he said central government cannot perform due to the doctrine of collective Cabinet responsibility.

As the political and institutional tug-of-war drags on, one thing is clear: the battle over CDF control is far from over. Until President Mutharika acts, the war between Parliament and councils will continue to simmer — with decentralisation, accountability and local development hanging in the balance.

 

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