The National Advocacy Platform (NAP) has expressed strong support for the recent Constitutional Court ruling that declared the involvement of Members of Parliament (MPs) in local councils and the management of the Constituency Development Fund (CDF) as unconstitutional.
In a statement released Tuesday, NAP hailed the judgment as a critical step toward restoring constitutional order and strengthening local governance in Malawi. The court ruled that MPs’ voting rights in local councils and their executive roles in the CDF violate the principle of separation of powers and undermine the autonomy of local government.
Quoting the judgment, NAP highlighted that MPs’ roles in local councils “place the legislature in the active involvement of affairs meant for the Executive,” a clear breach of constitutional boundaries. The court also noted that MPs’ participation in council decision-making presents a “conflict of interest” that compromises their oversight role.
“This decision is not just a legal win; it is a constitutional turning point,” said NAP Chairperson Benedicto Kondowe. “It affirms the importance of rule of law, principled leadership, and the need for transparency and accountability in the use of public funds.”
While acknowledging the Attorney General’s right to appeal, NAP raised concern over the AG’s dual role in representing both the executive and the legislature. The organization urged the AG to act independently and in the best interest of the Constitution and Malawian citizens.
NAP called on the government to urgently revise the CDF Guidelines in line with the court’s decision and ensure that only legally mandated institutions handle local development planning and implementation.
“This is an opportunity to reset governance systems and reinforce accountability in how public funds are used at the constituency level,” said Baxton Nkhoma, NAP’s National Coordinator.
The judgment, which arose from Constitutional Case No. 3 of 2023 filed by the Registered Trustees of the Malawi Local Government Association against the Attorney General, is expected to have lasting implications on the role of MPs in local governance.
(By Fegson Phabuli)
