Africa-Press – Malawi. Six months after a three-judge panel of the Constitutional Court ruled that parliamentarians should no longer play a role in administering the Constituency Development Fund (CDF) and the Water Resource Fund (WRF), Malawi is still without new CDF guidelines, raising concerns about accountability, transparency, and project efficiency at the local level.
In the meantime, local authorities are managing the CDF using existing frameworks and general mechanisms for local development, according to Malawi Local Government Association (Malga) executive director Hadrod Mkandawire. “We are using systems such as the Governance to Enable Service Delivery (GESD), District Development Fund, infrastructure development fund, and municipal roads funds, all supported by the legal and policy framework on public finance management,” he said, noting that efforts are underway to strengthen these mechanisms to enhance community participation, oversight, and performance.
Experts warn that delays in issuing new guidelines create significant risks.
Willy Kambwandira, executive director of the Centre for Social Transparency and Accountability, said that continued reliance on old regulations could lead to political interference, weak accountability, and misuse of funds. He highlighted that managing the proposed K5 billion CDF without clear rules could “bring chaos,” as decision-making and fund allocation remain unclear.
Michael Kaiyatsa, executive director of the Centre for Human Rights and Rehabilitation, added that without clear lines of accountability, mismanagement and inefficiency are likely. He stressed the importance of a framework that ensures transparency, community participation, and proper oversight, while also providing councillors with technical training in budgeting, project monitoring, and procurement.
The Constitutional Court’s decision also nullified provisions in the Local Government Act granting MPs voting rights in council meetings, citing a conflict of interest that undermined parliamentary oversight. The Attorney General has since filed an appeal with the Supreme Court of Appeal and requested a stay of execution, meaning the High Court decision is yet to be fully enforced. No dates have been set for the case, leaving a legal and administrative limbo.
The 2022 CDF and WRF guidelines had previously given MPs 12 key responsibilities, including convening meetings with Area Development Committees, submitting funding requests, launching projects, and authorizing fund releases.
Since its introduction in 2006, the CDF has steadily increased—from K1 million per constituency in 2006 to K220 million in the current financial year—making it a major vehicle for local development. However, audits over the years have consistently highlighted weak accountability, mismanagement, and potential for political misuse, making clear guidelines essential for the proper functioning of the fund.
The current delay in developing new CDF guidelines affects not only governance but also the economy and communities. Without proper oversight, projects may stall or fail, resulting in wasted public resources and limited impact on local development.
This uncertainty also undermines investor confidence in government-managed programs and limits the potential for growth in sectors that rely on local infrastructure improvements funded by the CDF. Communities waiting for essential services, such as water, schools, and roads, face prolonged delays, while the absence of a clear management framework creates opportunities for abuse and reduces accountability at both district and constituency levels.
As Malawi awaits the new guidelines and a resolution from the courts, experts insist that swift action is needed to ensure that funds are managed efficiently, projects are delivered effectively, and the principles of separation of powers between the legislature and executive are upheld. The proper administration of the CDF is critical—not just for political accountability, but for the economic well-being and social development of communities across the country.
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