A coalition of civil society organisations (CSOs) has welcomed President Peter Mutharika’s decision to withhold assent to the Constitutional Amendment Bill that sought to entrench the Constituency Development Fund (CDF) in law, describing the move as a victory for constitutionalism, decentralisation, and the rule of law.
In a statement released following the decision, the CSOs said Mutharika’s refusal to sign the Bill preserves the constitutional mandate of Local Government Authorities (LGAs) in development planning and implementation, while also safeguarding the separation of powers by confining Members of Parliament (MPs) to their legislative and oversight roles.
The organisations who had earlier petitioned Mutharika to reject the Bill argued that proceeding with the amendment would have undermined an ongoing judicial process, as an appeal concerning the legality and administration of the CDF remains pending before the Supreme Court of Appeal.
They further warned that the proposed amendment posed a serious threat to Malawi’s decentralisation framework by shifting control of development initiatives from local councils to elected legislators.
“The decision not to assent to the Bill is a principled stand that respects the authority of the courts and protects the integrity of local governance,” the statement reads.
Following his decision, Mutharika directed two Cabinet ministers to develop interim guidelines aimed at promoting transparency, accountability, and the prudent use of public resources in the management of the CDF.
While cautiously welcoming the directive, the CSOs stressed that any such guidelines must be firmly grounded in existing laws and constitutional principles.
“The proposed guidelines must be law-based, transparent, inclusive, and aligned with the Constitution, public finance and procurement laws, and decentralisation principles,” the statement said.
However, the organisations emphasised that administrative or policy guidelines alone would not provide long-term certainty or accountability.
They called on authorities to seriously consider the development of a clear, comprehensive, and constitutionally sound legal framework governing the CDF one that addresses existing governance concerns without encroaching on the roles of local councils or the judiciary.
The CSOs also reiterated their long-standing position that MPs should not be directly involved in the implementation of development projects, warning that such involvement creates conflicts of interest and weakens effective oversight.
Signatories to the statement include the National Advocacy Platform (NAP), Malawi Local Government Association (MALGA), Centre for Social Accountability and Transparency (CSAT), National Anti-Corruption Alliance (NACA), Catholic Commission for Justice and Peace (CCJP), Malawi Economic Justice Network (MEJN), Centre for Human Rights and Rehabilitation (CHRR), Youth and Society (YAS), Nyika Institute, NGO Gender Coordination Network, Centre for Civil Society Strengthening, Youth Decide Campaign, and the Community-Based Organisations Coalition.
The CSOs say the President’s decision presents an opportunity for inclusive national dialogue on how development funds can be managed transparently, legally, and in a manner that strengthens rather than weakens Malawi’s decentralised governance system.
