Debate intensifies after ruling creates uncertainty over how legislators should monitor constituency projects.
By Edwin Mauluka
Speaker of the National Assembly Sameer Suleman has pushed Parliament officers to expedite work on legislation defining the role of Members of Parliament in the Constituency Development Fund (CDF), saying the matter requires urgent resolution to end confusion and allow MPs to effectively exercise their responsibilities.
Suleman made the remarks after a heated debate erupted in the chamber over MPs’ involvement in CDF following a recent court ruling that stripped legislators of voting rights in district council meetings and curtailed their influence over CDF projects.
“The matter requires urgent attention by Parliament,” said Suleman. “Let me plead with those responsible to speed up this process. If necessary, let us consult the Minister of Local Government and the Minister of Justice so that this is done quickly.”
The dispute arose when Rumphi West MP Yona Mkandawire told the House he had been barred from visiting the Rumphi District Council to follow up on development projects, arguing that the court ruling prevented MPs from interacting with councils.
However, Blantyre City West Chichiri–Misesa MP intervened, saying Mkandawire was misinforming the House and requested clarification from Local Government Minister Beni Phiri.
“Members are not barred from going to the councils,” Phiri clarified. “Our oversight role remains, and there is no boundary.”
He explained that the ruling only removed MPs’ voting rights in council deliberations, consistent with the principle of separation of powers. MPs, he said, remain free to visit councils and monitor how resources in their constituencies are used.
Mkandawire, however, insisted that the ruling makes it difficult for legislators to perform their oversight duties. “I am completely detached from the Rumphi District Assembly,” he said. “I need to understand how others are exercising oversight. I represent people, but I don’t know how to obtain information from the council.” He asked the minister to bring a written clarification before the House.
Dowa East MP Richard Chimwendo Banda, while acknowledging he had been invited to a recent council meeting, argued that the inability to vote undermines MPs’ representative and oversight roles.
“What is representation, what is oversight, if I am only there to watch?” he asked. “This issue requires urgent attention. We need to know our role, especially now that MWK5 billion per constituency will be spent through district councils.”
Minister Phiri responded that Parliament must enact legislation clearly defining CDF governance, noting that the court ruling criticised Parliament for failing to act earlier. “Parliament is responsible for establishing guidelines,” he said. “The court pushed back because Parliament has not addressed this.”
Previously, the Ministry of Local Government’s 2022 CDF and Water Resources Fund Guidelines gave MPs primary responsibility over local development plans and voting rights as ex-officio council members under Section 5(1) of the Local Government Act.
But on 26 May 2025, a three-judge High Court panel — Justices Mzonde Mvula, Howard Pemba, and Eddah Ngwira-Mwakibinga — declared the guidelines unconstitutional. The Court held that MPs’ dual roles violated the separation of powers by placing them in both legislative and executive functions. It ordered the guidelines to be revised to remove MPs from executive decision-making roles and to identify alternative stakeholders.
Last week, Parliament adopted a Private Member’s Motion by Mzimba South MP Emmanuel Chambulanyina Jere calling for legislation to govern CDF operations. Jere argued that a legal framework is essential to ensure transparency, accountability, and alignment with President Peter Mutharika’s directives and the Court ruling.
Created in 2006 to empower local communities, the CDF will increase from MWK200 million to MWK5 billion per constituency starting in the 2026 financial year, following President Mutharika’s announcement.
