Malga’s Legality Questioned Amid Power Struggle

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Malga's Legality Questioned Amid Power Struggle
Malga's Legality Questioned Amid Power Struggle

Africa-Press – Malawi. A fierce political storm is brewing at the heart of Malawi’s local governance system as Members of Parliament (MPs) have moved to investigate the legal standing of the Malawi Local Government Association (Malga), raising explosive questions over whether the powerful body is operating outside the Constitution and the law.

The confrontation played out in Parliament on Friday as Mzimba South MP Emmanuel Chambulanyina Jere stunned the House by formally challenging Malga’s very existence, accusing it of operating without constitutional authority.

Chambulanyina made the call as Parliament was concluding debates on the Mid-Year Budget Review, declaring that the association’s influence over councils was both dangerous and unlawful.

“District, city and municipal councils are the legally recognised local authorities following the 1998 constitutional amendment. Malga is not mentioned anywhere,” he said. “So the question is simple: why does Malga exist and under whose authority?”

He warned that councils were “abandoning” their mother ministry—the Ministry of Local Government—and instead shifting allegiance to an entity with no clear constitutional mandate.

“I see serious danger here. We now want to establish where Malga gets its funding from, how it operates and what legal authority it stands on,” Chambulanyina told the House.

He demanded the formation of a multi-committee ad-hoc parliamentary probe, arguing that any institution handling or influencing public resources must be open to direct parliamentary scrutiny.

Public Accounts Committee (PAC) chairperson Steven Baba Malondera confirmed that Malga will be summoned in the next sitting of Parliament.

Speaker of Parliament Sameer Suleman also gave the green light for an investigation by both PAC and the Legal Affairs Committee, effectively dragging Malga into the parliamentary dock.

“The issue raised by the member for Mzimba South is pertinent,” said Suleman. “Once the matter is formally lodged, I will direct PAC and Legal Affairs to proceed.”

But Malga has hit back hard, accusing MPs of abusing Parliament to settle political scores.

Malga Executive Director Hadrod Mkandawire dismissed the investigation as a revenge mission designed to intimidate the association for challenging Parliament over control of the Constituency Development Fund (CDF).

“Everybody knows this is a deliberate attempt to silence Malga for taking MPs to court over CDF,” said Mkandawire. “Regrettably for them, it will not work. We will proceed with the court action whether one likes it or not.”

Mkandawire insisted Malga is legally registered, even if it was not created through a standalone Act of Parliament.

“Not every institution in Malawi is established through an Act. Some are registered under the Companies Act or Trustees Act. That does not make them illegal,” he said.

Still, he admitted Malga is not constitutionally created, a fact now fuelling the legal and political firestorm.

“If they want us before committees, we will go. We have nothing to hide,” he said.

At the centre of this confrontation is the newly passed Constitutional Amendment Bill of 2025, which formally establishes the Constituency Development Fund (CDF) and gives MPs sweeping powers over how the money is managed and spent.

But Malga, alongside several civil society organisations, has openly rejected the law, arguing that MPs must not control development funds, warning that it opens the door to massive abuse, politicisation of development and financial mismanagement.

The stakeholders have already declared their intention to challenge the law in court.

Now, in what critics are calling a dangerous power struggle, the very institution leading that legal resistance—Malga—has suddenly been accused of operating illegally.

Analysts see a troubling pattern: the watchdog has become the target, and the question Malawians are now asking is no longer just about CDF—but about whether Parliament is using its authority to enforce the law or to crush dissent.

As PAC and Legal Affairs move in, the stakes could not be higher. If Malga is declared illegal, local councils across the country could be thrown into chaos. If Malga survives the probe, then Parliament faces uncomfortable questions about abuse of power, political vendettas and accountability.

One thing is now clear: This is no longer just a legal dispute—it is a full-blown battle for control of public money, power and the future of local governance in Malawi.

And as Malga heads for both Parliament and the courtroom, the burning question remains:

Is Malga truly illegal—or is this an attempt to silence a dangerous challenger to MPs’ grip on development funds?

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