Parliament votes 199–0 for changes that activists say could breach separation of powers.

By Edwin Mauluka

The amendment bill establishing new Constituency Development Fund (CDF) guidelines passed in Parliament on Thursday with overwhelming support from both sides of the House.

Mzimba South legislator Emmanuel Chambulanyina Jere tabled the Constitution Amendment Bill No. 2 of 2025, which defines the purpose, governance framework, and guiding principles for managing and utilising the CDF.

The bill sailed through the Committee Stage without changes, and lawmakers voted unanimously in favour: 199 supporting, none opposing, and 25 absent.

Minister of Justice and Constitutional Affairs Charles Mhango told the House that once the president assents to the bill, his ministry will immediately begin steps to operationalise it.

“I want to assure this House of my full and unwavering support in ensuring that once we secure the assent of the president, this bill is operationalised,” Mhango said.

Before passage, Speaker Sameer Suleman ordered a roll call to confirm that two-thirds of MPs were present, noting that the threshold is mandatory for constitutional amendments.

Dowa East legislator Richard Chimwendo Banda rose on a point of order, proposing that the House waive the roll call and proceed by voice vote, arguing that the bill enjoyed full bipartisan support. However, Mhango rejected the proposal, agreeing with the Speaker.

“Under Section 197 of the Constitution, this being a constitutional amendment, we must ascertain that the two-thirds majority has been achieved. We need to proceed with a roll call,” he said.

After the vote, Jere thanked members for their support, saying: “Malawians have spoken through members of Parliament.”

When introducing the bill, Jere said it sets out the purpose of the CDF, its governance structure, and the principles guiding its management: transparency, efficiency, accountability, and community ownership. The amendment also proposes audit systems and citizen monitoring tools to improve transparency and long-term sustainability.

“This amendment bill proposes inserting a new Chapter XIV(a) to anchor these four areas,” Jere said. “But this is not the end. These provisions are not sufficient, and we will soon return with a full CDF Bill that will provide detailed management arrangements. This amendment merely lays the foundation.”

Seconding the bill, Dowa East MP Chimwendo Banda, speaking on behalf of the Malawi Congress Party (MCP), said the party supports the amendment because it strengthens MPs’ role in driving development and fulfilling their mandate.

He argued that representation becomes meaningless if MPs are sidelined in decision-making at council level.

“What is representation if it only means coming here to allocate MWK5 billion to councils without holding them to account?” he asked.

Chimwendo dismissed allegations that MPs abuse CDF resources, saying such claims are driven by civil society groups lacking facts.

“If resources have been abused in this country, it is not through CDF alone. Even the District Development Fund and Local Development Fund have been abused,” he said, adding that MPs neither issue cheques nor collect quotations, as those responsibilities fall under District Commissioners.

“What we want is simple: anything that happens in my constituency, I need to know,” he said, drawing applause.

He added that while communities should identify CDF projects, MPs should have final approval authority, with procurement and payments handled by District Commissioners.

However, several non-governmental organisations had called for the withdrawal of the amendment, arguing that it undermines constitutionalism, weakens local governance, and reduces accountability in the use of public resources.

They warned that the amendment reverses a recent High Court ruling that removed MPs’ voting rights in district councils and stripped them of primary responsibility over local development planning. The Court said giving MPs dual roles placed them in both the legislative and executive arms of government, violating separation of powers.

“It is sad that they want to rewrite the Constitution for partisan convenience and hand Members of Parliament unchecked authority over public resources,” said Benedicto Kondowe, chairperson of the CSO coalition. “It is an assault on constitutionalism, a betrayal of judicial authority, and a blatant attempt to entrench political control over development financing.”

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