𝗝𝘂𝗱𝗴𝗲𝗺𝗲𝗻𝘁 𝗗𝗲𝗹𝗶𝘃𝗲𝗿𝗲𝗱 𝗼𝗻 𝗖𝗗𝗙 𝗖𝗮𝘀𝗲

On 26 May 2025, the High Court, sitting as a three-Judge panel comprising Honourable Justice Mzonde Mvula, Honourable Justice Howard Pemba, and Honourable Justice Eddah Ngwira-Mwakibinga, delivered its judgment in the case of 𝘛𝘩𝘦 𝘙𝘦𝘨𝘪𝘴𝘵𝘦𝘳𝘦𝘥 𝘛𝘳𝘶𝘴𝘵𝘦𝘦𝘴 𝘰𝘧 𝘔𝘢𝘭𝘢𝘸𝘪 𝘓𝘰𝘤𝘢𝘭 𝘎𝘰𝘷𝘦𝘳𝘯𝘮𝘦𝘯𝘵 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘪𝘰𝘯 𝘷 𝘔𝘪𝘯𝘪𝘴𝘵𝘳𝘺 𝘰𝘧 𝘓𝘰𝘤𝘢𝘭 𝘎𝘰𝘷𝘦𝘳𝘯𝘮𝘦𝘯𝘵 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘈𝘵𝘵𝘰𝘳𝘯𝘦𝘺 𝘎𝘦𝘯𝘦𝘳𝘢𝘭.

The Court ruled in favour of the claimant, declaring the Guidelines for Constituency Development Fund and Water Resources Fund (2022), issued by the Ministry of Local Government, unconstitutional. The Guidelines had vested Members of Parliament (MPs) with primary responsibility over local development plans and granted them voting rights in local councils as ex-officio members under section 5(1) of the Local Government Act.

The Court observed that a Member of Parliament, as part of the Legislature under section 8 of the Constitution, participates in the enactment of laws, but by assuming an ex-officio role in the Council with powers to determine the management and control of development funds including voting rights, undertakes functions that fall within the domain of the Executive under section 7. According to the Court, this dual role contravenes the doctrine of separation of powers under sections 7, 8, and 9 of the Constitution.

As a result, the Court declared the Guidelines invalid to the extent of their inconsistency with the Constitution. It further directed that the Guidelines be revised to exclude MPs from such roles and that alternative stakeholders be identified to uphold constitutional compliance and the integrity of the oversight function.