By Wilfred Golden
National Advocacy Platform (NAP) strongly condemns the amendment of Constitution bill 2025 gazetted on 21 November, 2025 seeking to insert a new Chapter XlVA establishing a Constitutional Development Fund (CDF) to be governed and managed by the Members of Parliament.
In a press statement signed by NAP chairperson Benedicto Kondowe and National Coordinator Baxton Nkhoma says this is a direct assault to the Constitution, Local Governance and the public interest.
“NAP is shocked that barely six months after the Constitutional Court delivered a landmark
judgment in Registered Trustees of the Malawi Local Government Association v Attorney
General, Constitutional Case No. 3 of 2023, MPs are attempting to legislate into the
Constitution the very roles the Court declared unconstitutional,” reads part of the statement.
The statement further said that as the Constitution court it clearly stated that the involvement of MP’s brings about the violation of separation of power doctrines under Section 7, 8 and 9 of the Constitution and properly intruded into the core functions of the Executive.
“The Private Member’s Bill now before Parliament seeks to do the exact opposite: it proposes to
constitutionalise an unconstitutional role by placing MPs at the centre of project governance,
funding decisions, and CDF management. This is a deliberate attempt to overturn a binding
Court judgment through political self-allocation of power,” the statement further states.
NAP therefore issues the following clear and unequivocal call:
1. Parliament must not entertain any legislation that contradicts a binding Court judgment and must reject the Constitution (Amendment) Bill, 2025 in its entirety.
2. No constitutional amendment should legitimise what the Court has already declared unconstitutional.
3. MPs must respect the separation of powers, the integrity of local governance, and their own oversight mandate.
4. Government must uphold the Court’s directive to exclude MPs from CDF governance and establish lawful, accountable mechanisms for constituency development.
5. Malawians and civil society must stand firm against any attempt to capture public funds for political gain, remaining vigilant and organised to resist parliamentary self-interest through lawful means, including public demonstrations, peaceful assembly at Parliament during the Bill’s tabling, and constitutional legal challenges by a willing constituency where necessary.
