Tempers Boil as MPs Push for Power Over CDF Despite Legal, Constitutional Warnings
A routine stakeholders’ consultation on the proposed constitutional amendment to the Constituency Development Fund (CDF) in Salima on Saturday turned heated, laying bare the deep, irreconcilable differences between Members of Parliament (MPs) and governance stakeholders on who should control the billions channelled through the fund.
At the centre of the clash is one question: Should MPs manage CDF — or should the Constitution stop them?
Stakeholders — led by the Malawi Local Government Association (Malga) and major civil society organisations (CSOs) — rejected outright the push to keep MPs in CDF management. Their stance was firm: 👉 MPs should have oversight only — not operational control. But MPs, according to insiders at the meeting, want exactly the opposite: 👉 Expanded authority, including the power to approve and influence CDF projects.
The clash exposed stark differences:
| Issue | What MPs Want | What Malga & CSOs Demand |
|---|---|---|
| Project Approval | MPs should approve and influence projects | MPs should NOT approve ANY projects — only oversight |
| Constitutional Amendment | Expand MPs’ roles | Restrict MPs’ roles, align with court ruling |
| Bill Type | Private Member’s Bill | Government Bill only |
| Decentralisation | MPs at centre | Councils and communities at centre |
| Control of Funds | MPs involved | MPs kept far from operations |
These differences are so fundamental that several participants walked out of the engagement “angry and unconvinced”, according to sources.
In a blunt presentation, Malga executive director Hadrod Mkandawire described the proposed Bill as a direct assault on judicial authority and on the 30-year decentralisation project Malawi has built since 1994.
He warned that passing the amendment in its current form would create:
- Constitutional disorder,
- Governance chaos, and
- Rule of law violations that undermine the High Court’s landmark judgement removing MPs from fund management.
“We will not bow,” Mkandawire told Nyasatimes, revealing that the meeting ended on a tense note despite the chairperson’s calm stewardship. CSOs under the National Advocacy Platform (NAP), led by Benedicto Kondowe, were equally uncompromising.
They declared the Bill constitutionally indefensible, saying any amendment should only establish the fund — nothing more.
Kondowe insisted:
- MPs must not be assigned operational roles,
- Any reform must be a government Bill, and
- Parliament must respect the High Court ruling that outlawed MP interference.
CSOs drew parallels with Kenya, Uganda and Zambia, where CDF-style funds controlled by MPs have sparked corruption scandals, politicisation and court battles.
Sources from the Ministry of Local Government and Rural Development came prepared with a legally compliant position — MPs restricted strictly to oversight.
Legislators were not amused. This divergence only widened the gulf between legal reality and political appetite. The consultations repeatedly collided with a major legal obstacle: The High Court has already outlawed MP involvement in CDF operations.
In the precedent-setting case Registered Trustees of Malga v. Attorney General, the Constitutional Court ruled that MPs’ involvement in CDF:
- Violated separation of powers under Sections 7, 8 and 9,
- Usurped Executive functions, and
- Opened the door to politicisation and misuse of public funds.
Stakeholders fear Malawi is now being pushed back to the very same illegal model the courts dismantled.
Committee chairperson Gilbert Khonyongwa played down the tensions, saying consultations were “generally cordial” and that a report would be completed today.
But everyone else who was in the room describes a different picture: Tempers high, positions entrenched, and no consensus in sight. As Parliament pushes ahead with amendments that many experts say undermine the Constitution, decentralisation, and past court rulings, one question rises:
Why are MPs so desperate to regain control over CDF — and what does that mean for accountability and the rule of law?
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