LILONGWE-(MaraviPost)-A powerful coalition of civil society organisations (CSOs) and the Malawi Local Government Association (MALGA) has come out strongly against Parliament’s decision to retable the Constitution (Amendment) Bill on the Constituency Development Fund (CDF), warning that the move risks plunging the country into a constitutional crisis.

In a joint statement released in Lilongwe on 26 February 2026, the coalition described the decision as a direct challenge to presidential rejection, judicial authority and the will of the people.

The statement was endorsed by a broad coalition of civil society and governance leaders, including chairpersons, executive directors and campaign coordinators from organisations such as NAP, MALGA, CSAT, CHRR, MEJN, CCJP, Nyika Institute, YAS, Youth Decide Campaign, CCSS, NGO GCN and CBOC, demonstrating united opposition from key civic and local government stakeholders.

At the heart of the dispute is Parliament’s 20 February 2026 resolution to retable the Bill in its current form despite President Peter Muthalika’s refusal to assent to it and a binding ruling by the Constitutional Court.

The coalition argues that the retabling ignores both constitutional principles and public opposition that has been consistently voiced across the country.

The Constitutional Court, in the case of Registered Trustees of the Malawi Local Government Association v Attorney General (Constitutional Case No. 3 of 2023), ruled that Members of Parliament (MPs) cannot be involved in the management, prioritisation, approval or implementation of the CDF or similar development funds.

The Court found that such involvement violates the doctrine of separation of powers and undermines the constitutional mandate of Local Government Authorities.

According to the coalition, Section 73 of the Constitution, which allows Parliament to reconsider a Bill after presidential refusal, was never intended to resurrect legislation already deemed constitutionally defective.

They argue that constitutional authority must be exercised within the bounds of judicial interpretation and decentralisation principles enshrined in the Constitution.

The President’s decision to withhold assent, the statement notes, was grounded in clear constitutional concerns including the erosion of decentralised governance, interference with institutional mandates and disregard of a binding court ruling.

These concerns, the coalition stresses, were not political manoeuvres but constitutional safeguards.

Civil society leaders warn that proceeding in defiance of presidential rejection and judicial guidance risks turning lawful legislative procedure into constitutional defiance.

They caution that legislative majority cannot cure constitutional infirmity and that the supremacy of the Constitution binds all state institutions without exception.

The coalition has therefore called upon Members of Parliament to demonstrate restraint and constitutional statesmanship.

They urge legislators to respect the Constitutional Court’s determination and recognise that legislative authority is exercised on behalf of citizens not in substitution of them.

While expressing readiness for constructive dialogue with Parliament and the Government, the coalition insists that any CDF framework must be firmly rooted in decentralisation, transparency and accountability.

They argue that development funds must empower local communities rather than concentrate power in the hands of legislators.

Should Parliament proceed without addressing the identified constitutional defects, the coalition has vowed to invoke all lawful measures available including judicial review and peaceful civic mobilisation. Among the actions being considered is a vigil at Parliament aimed at defending the Constitution and protecting public resources.

Describing the moment as a defining test of constitutional integrity, the coalition states that democratic strength lies in respect for constitutional limits and public trust not institutional dominance.

They warn that ignoring judicial authority could invite further institutional conflict and inevitable judicial correction.

Ultimately, the coalition maintains that the legitimacy of any CDF reform will not be measured by the speed of its passage but by its conformity with the Constitution, its respect for court rulings and its acceptance by the people of Malawi.

For them, true reform must prioritise empowering communities, enhancing transparency and delivering meaningful development for the common good.