Malawi’s Constitutional Court has ruled that lawmakers can no longer oversee administration of the Constituency Development Fund (CDF) and Water Resource Fund (WRF), deeming their involvement unconstitutional.
The ruling, delivered in Lilongwe on Monday, marks a significant shift in governance as members of parliament had played a key role in selecting, implementing and monitoring projects funded through the CDF and WRF.
The court found that this compromised their oversight function, violating principles of separation of powers.
“We find that the presence of MPs and affording them voting rights under Section 5(1) of the Local Government Act is unconstitutional. The role of MPs in managing the CDF based on the guidelines compromises their oversight function.”
The CDF was introduced in 2006 to facilitate development in constituencies, but its implementation has been marred by allegations of abuse of funds, with several audit reports highlighting weak accountability and management tools.
The WRF is a financial mechanism that aims to support water-related projects and initiatives. It is used to address water scarcity and improve water management practices, including irrigation, sanitation and water quality.
There have been reports of MPs single-handedly identifying and managing the allocation of funds under both the CDF and WRF, which is against guidelines for the management of the funds.
Other grievances include MPs’ handpicking contractors, use of political structures instead of development structures, concerns about sub-standard projects and local councils being forced to make full payments to contractors on works not completed.
JN/APA