OPINION | GUEST ESSAY | Sithembile B. Moyo

I cannot stay silent while some Members of Parliament push to take direct control over the Constituency Development Fund (CDF). They claim they should manage the Fund under an Act of Parliament, yet the Constitutional Court has already ruled otherwise. The Court is clear: MPs must not administer, manage, or control the CDF. Doing so violates the separation of powers and undermines accountability in public finance management.

Despite this ruling, Parliament is once again attempting to wrest control of the Fund through a constitutional amendment. Speaker Sameer Suleman even urged officers to expedite legislation defining MPs’ roles in the CDF, calling it urgent. He suggested consulting the Ministers of Local Government and Justice to resolve the issue quickly. But urgency cannot justify defiance of the Constitution.

Also Read: Speaker pushes for fast-tracked CDF guidelines amid MPs’ roles debate

The controversy became heated in parliament when Rumphi West MP Yona Mkandawire claimed he was barred from visiting his district council to follow up on development projects. He argued that the court ruling prevented MPs from interacting with councils. Local Government Minister Beni Phiri clarified that MPs are free to visit councils and monitor how resources are used; the ruling only removed their voting rights. Oversight remains possible without direct control. Yet Mkandawire insisted that without voting power, legislators cannot perform their duties, and Dowa East MP Richard Chimwendo Banda sounded just like Mkandawire. I understand their frustration, but frustration does not excuse ignoring constitutional limits.

The facts are clear. Under the 2022 CDF and Water Resources Fund Guidelines, MPs previously had primary responsibility over local development plans and voting rights. On 26 May 2025, a three-judge High Court panel ruled these guidelines unconstitutional. The Court found MPs’ dual roles violated the separation of powers by placing them in both legislative and executive functions. It ordered that MPs be removed from executive decision-making roles and alternative stakeholders identified. That should have been the end of the matter.

Yet last week, Parliament adopted a Private Member’s Motion by Mzimba South MP Emmanuel Chambulanyina Jere calling for legislation to govern CDF operations. Jere argues this will ensure transparency and accountability, but I see a different motive. If the Court has already barred MPs from handling the Fund, why are they trying to amend the Constitution to regain that control? The only reasonable conclusion is that this is about direct access to public funds that have historically been mismanaged. It is, frankly, an attempt at daylight robbery.

Parliamentarians are lawmakers, not fund managers. Their role is to create legislation and represent the people, not to administer development funds. Section 8 of the Constitution mandates that the legislature enact laws reflecting the interests of all Malawians. How can an amendment that directly benefits MPs—contradicting a Constitutional Court ruling—be in the public interest? It cannot.

The juicy MWK5 billion per constituency now slated for CDF underscores the stakes. Giving MPs direct control over such vast sums risks repeating the mistakes of the past. The Constitution was designed to prevent conflicts of interest and ensure accountability. To ignore it is to threaten both democracy and good governance.

I am convinced the only legitimate path forward is a national referendum. The people of Malawi, not self-interested MPs, must decide who should control the CDF. Until then, any attempt by MPs to govern the Fund is unconstitutional and self-serving. Oversight can and should continue within the bounds of the law, but direct management belongs elsewhere.

Malawians deserve transparency, accountability, and proper stewardship of public funds. Anything less is a betrayal of public trust, and I will speak out against it whenever attempts are made to undermine the Constitution in the name of convenience or power.

—

Become a Forumer, capital F, like Sithembile and speak out. She emailed her article to [email protected]