Nkhotakota Central Member of Parliament, Hon. Sylvester Ayuba James, says Members of Parliament (MPs) are determined to fight on and pass the Constituency Development Fund (CDF) Bill again so that it becomes law and allows MPs to have a say in Malawi’s development.
Ayuba said President Peter Mutharika does not have powers to permanently block a Bill that has been passed by Parliament. He was referring to Section 74 of the Malawi Constitution, which clearly explains the process of Presidential assent.
According to the Constitution, when a Bill is presented to the President, he can either sign it into law or withhold assent. If assent is withheld, the Bill must be sent back to Parliament with reasons, and MPs can debate it again after 21 days. If Parliament passes the Bill again within six months, the President is required to sign it within 21 days.
Ayuba said subsection (4) of Section 74 makes it clear that once Parliament passes the Bill again, the President has no option to reject it.
“If MPs debate the Bill again and agree, the President cannot refuse it. He must sign it within 21 days,” Ayuba said.
He also dismissed claims that the President has completely denied the Bill, saying many people are confusing the terms.
“The biggest problem is lack of understanding. There is a difference between ‘withheld’ and ‘denied’. Parliament is not joking. We are taking this matter seriously,” he said.
President Mutharika recently withheld assent to the Bill, saying he would not sign a law that allows MPs to manage CDF funds. He later directed the Ministers of Justice and Finance to come up with new guidelines on the management of the fund.
Meanwhile, Senior Chief Chimombo of Nsanje district has supported the President’s decision, saying it could help address abuse of CDF funds. The chief claimed that giving MPs too much power over the fund had negatively affected development projects.
Despite this, Ayuba remains confident that Parliament will re-table and pass the Bill again, insisting that MPs must have a role in shaping development in their constituencies.
