LILONGWE-(MaraviPost)-The National Advocacy Platform (NAP) has issued a strong statement rejecting the Constitution (Amendment) Bill, 2025, calling it a dangerous attempt to weaken democratic governance and overturn a recent Constitutional Court ruling.
The statement was signed by NAP Chairperson Benedicto Kondowe and National Coordinator Baxton Nkhoma,the Bill seeks to insert a new Chapter XIVA establishing a Constituency Development Fund (CDF) that would be managed by Members of Parliament but NAP says this move would entrench conflict of interest and undermine the separation of powers.
The organisation notes that just six months ago, the Constitutional Court ruled in Registered Trustees of the Malawi Local Government Association v Attorney General (Constitutional Case No. 3 of 2023) that MPs’ involvement in managing the CDF and Water Resources Fund violated the Constitution.
The Court ordered Government to remove MPs from these roles and find alternative stakeholders.
NAP argues that the new Private Member’s Bill directly contradicts this ruling by placing MPs at the centre of project governance, funding decisions and resource management.
The grouping describes it as an “affront to the Constitution” and a “betrayal of public trust.”
The organisation further warns that the Bill would weaken local government structures under Section 146 of the Constitution, shifting key functions from Councils to MPs and threatening decentralisation.
NAP has called on Parliament to reject the Bill entirely, insisting that no constitutional amendment should legitimise roles already declared unconstitutional.
It also urged MPs to respect their oversight mandate, judicial authority and the separation of powers.
The grouping also encouraged Malawians and civil society to resist the Bill through lawful means, including peaceful demonstrations, public assemblies at Parliament and renewed legal challenges.
Although the Bill is being introduced as a Private Member’s Bill, NAP alleges it has bipartisan support, including from the Democratic Progressive Party.
It warns that the expanded K5 billion CDF under President Mutharika must not become a tool for political self-interest.
“NAP stands firmly with the people of Malawi in defence of constitutional order and good governance,” the statement concludes.
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