Africa-Press – Malawi. Three influential civil society organisations have expressed their strongest condemnation and rejection of the Constitution Amendment Bill of 2025, which seeks to insert a new Chapter XIVA establishing a Constituency Development Fund (CDF) to be governed and managed by Members of Parliament (MPs).
The CSOs–National Advocacy Platform (NAP), Centre for Social Accountability and Transparency (CSAT) and Human Rights Defenders Coalition (HRDC)–have since urged MPs to respect separation of powers, integrity of local governance, and their own oversight mandate.
Gazetted on 21 November, 2025, the bill seeks to return direct control of CDF to MPs.
It comes barely six months after the Constitutional Court delivered a landmark judgment which outlawed the involvement of MPs in the management and implementation of CDF and Water Resources Fund.
But in a strongly worded statement, NAP Chairperson Benedicto Kondowe and National Coordinator Baxton Nkhoma minced no words over the legislators “gluttonous agenda”.
They described the bill is an affront to the Constitution, an insult to the Malawian people, a betrayal of judicial authority, and a blatant reversal of democratic gains.
“It represents one of the most brazen attempts to constitutionalise conflict of interest, undermine local governance, and entrench political control over public resources in the country’s history,” the statement reads in part.
“This bill is not a reform—it is a constitutional regression and a dangerous effort to weaken accountability in the management of public resources”.
NAP emphasizes that it will do whatever is necessary, within the bounds of the law, to ensure that President Peter Mutharika’s K5 billion CDF goodwill does not descend into chaos or become a vehicle for political self-interest.
The organization adds that it stands firm with the people of Malawi in defence of constitutional order, good governance, accountability, and the rule of law.
“This bill must be rejected without hesitation, apology, or negotiation,” the statement further reads.
CSAT said the bill represents a serious distortion of Malawi’s constitutional architecture and a misuse of legislative authority.
Executive Director, Willy Kambwandira, said he is disturbed by the proposed amendments coinciding with the Government’s intention to increase the CDF allocation from K200 million to K5 billion per constituency.
“Granting MPs control over such vast public resources, without administrative capacity or accountability structures, opens the door to unchecked abuse, corruption and misappropriation,” he said in a statement.
“This proposal is a direct attempt to constitutionalise political control over development financing, to the detriment of citizens and democratic governance”.
HRDC Chairperson Michael Kaiyatsa and National Coordinator Kelvin Chirwa said the bill threatens to reverse the progress made in strengthening accountability, combating corruption, and promoting equitable distribution of public resources.
“By attempting to inscribe MPs’ control over the fund directly into the Constitution through Section 151C, the Legislature is effectively overriding and undermining an explicit judicial determination,” the two said in a statement.
“Such an action is not only reckless –it erodes public confidence in the Judiciary and sets a dangerous precedent where Parliament can nullify judicial checks through constitutional amendments tailored to political convenience”.
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