President Professor Arthur Peter Mutharika is facing a defining constitutional moment as he scrutinises the highly contentious Constitution (Amendment) Bill No. 2 of 2025, a law that seeks to entrench the Constituency Development Fund (CDF) in Malawi’s Constitution.
Presidential spokesperson: Cathy Maulidi
The Bill, passed earlier this month by Parliament, is now on the President’s desk—placing him at the centre of a growing national debate over constitutional integrity, fiscal accountability, and the proper limits of political power.
In an exclusive interview, State House Presidential Press Secretary Cathy Maulidi confirmed that President Mutharika has received the Bill and is carefully reviewing it before making a final decision.
“Yes, the Bill has reached the President. It is currently on his desk and is undergoing a thorough review before a final decision is made,” Maulidi said.
The legislation was tabled by Mzimba South Member of Parliament Emmanuel Chambulanyina Jere and sailed through Parliament with unanimous support—199 MPs voting in favour, none against, and 25 absent. Such rare consensus, however, has not translated into public confidence.
At the heart of the Bill is a proposal to constitutionally anchor the CDF, defining its objectives, governance structures, and guiding principles for its management and use. Proponents argue that constitutional status will protect the fund and strengthen local development. Critics see something else entirely: the risk of hardwiring abuse, patronage, and weak oversight into the supreme law of the land.
Civil society has now thrown the ball squarely into President Mutharika’s court.
Organisations operating under the National Advocacy Platform (NAP) have formally petitioned the President, urging him not to assent to the Bill, which was gazetted on 24 November 2025. They argue that the proposed amendment is constitutionally flawed and potentially injurious to the national interest.
In their joint submission, the CSOs cite Section 73(2) of the Constitution, which empowers the President, as a constitutional gatekeeper, to refuse assent and return a Bill to Parliament with reasons for reconsideration if it is defective or harmful.
“The Constitution anticipates moments like this,” the CSOs argue, warning that enshrining CDF in the Constitution could weaken checks and balances and undermine accountability rather than strengthen development.
The petition is signed by prominent governance and accountability advocates, including NAP Chairperson Benedicto Kondowe, MALGA Executive Director Hadrod Zeru Mkandawire, MEJN Executive Director Bertha Phiri, CHRR Executive Director Michael Kaiyatsa, YAS Executive Director Charles Kajoloweka, Willy Kambwandira, Maggie Kathewera Banda, Moses Mkandawire, among others.
The pressure now is not on Parliament, which has already spoken, but on the President himself. Will President Mutharika assent to a Bill overwhelmingly supported by MPs, or will he invoke his constitutional duty to protect the integrity of the Constitution—even if it means defying political unanimity?
The decision he makes will not only determine the future of the CDF, but also define how history remembers his stewardship of Malawi’s constitutional order.
