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Campaigning for ‘Development’ and the Politics of Misrepresentation
Tumaini Jefferson Dauya
I. Introduction—Elections, Handouts & Campaigning for ‘Development’
In 1994, Malawi ousted Kamuzu Banda’s 30 year dictatorship and adopted a liberal
democratic constitution. The new constitutional order embraced, among other things, multiparty
politics and the holding of regular elections. Four general elections have since been held, with
the fifth scheduled for May 20, 2014.
During each election cycle, incumbent and aspiring members of parliament descend on
constituencies, promising to champion development if elected. For instance, one Member of
Parliament has been touring projects he ostensibly initiated in Kabula Constituency in Blantyre
to convince voters he is development conscious. Meanwhile, towering billboards around
Kasungu’s Central Business District and elsewhere depict President Banda lauding her People’s
Party candidates, ‘Phungu wa Chitukuko‘—member for development. Employing different
strategies, they outdo each other giving handouts to voters, investing in temporary infrastructure,
like drilling boreholes, repairing roads and constructing bridges; and donating essential
equipment and materials to communities like village ambulances, tires and roofing sheets. Some
even run local football leagues or provide coffins.
Anecdotal evidence indicates, however, that unsuccessful candidates reclaim their campaign
investments in the aftermath of electoral loss. At times they even demolish infrastructure they
commissioned and confiscate goods they donated; accusing constituents of ingratitude,
undeserving of their donations. This year’s election promises nothing new; the jostling,
positioning and masquerading has already started in earnest.
The momentary benevolence to obtain favor from the electorate is neither unique nor
exclusive to campaigns for parliamentary elections. It permeates every election for public office,
with graduating degrees of extravagance and expense, extending even to the presidency.
Unsurprisingly, the distribution of benefit and construction of temporary infrastructure is
reminiscent of, and perpetuates a culture of handouts that started with, and characterized
Muluzi’s presidency—ergo, Malawi’s lost decade 1994–2004. It is worth noting that this culture
of handouts is the reverse of, and contrasts with campaign contribution schemes exploited for
political influence in electoral systems with established campaign financing frameworks.
A culture of handouts typical in election campaigns in Malawi is anathema to a democracy.
First, the claim that members of parliament champion development reveals gross
misrepresentation of the role and responsibility of members of parliament. Second, handouts fuel
indolence and promote graft amongst the electorate, cultivating a rich environment for
corruption. Third, the misrepresentation of roles and responsibilities of members of parliament in
campaigns blur the separation of powers between the Executive and the Legislature. Lastly the
vandalism of donated infrastructure in the wake of electoral loss violates the people’s right to
development.
In this article, I briefly discuss ‘representation’ to clarify the functions and duties of members
of parliament granted by the Constitution. I argue that in the scheme of Malawi’s constitutional
 LL.B (Hons.); LL.M; this article is an extract from a forthcoming article, 2014. References omitted for brevity.

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structure, development at the local level is the preserve of the Executive through local
government structures. Second, I call for reforms of electoral laws to clarify these functions.
This, it is hoped, will emphasize the separation of powers between the Executive and the
Legislature in the context of development and inspire honest and responsible campaigning in this
and future elections. Finally, I advocate for the criminalization, prosecution and punishment of
vandalism of public infrastructure by unsuccessful aspirants that violate people’s right to
development.
II. Origins and Development of Representative Democracy
Representation as public participation in governance has primacy in governments founded on
democratic principle. Understanding the role and responsibilities of members of parliament,
therefore, necessitates examination of democracy as a system of government.
Democracy traces its origins to ancient Greece; Athens and Sparta, the most notable city
states in ancient Greece, developed a system of government in which every citizen participated
in the administration of public affairs. Citizens debated laws, the conduct of warfare, elected
magistrates, regulated taxation and authorized public expenditure in assemblies held on the
acropolis. This is known as direct democracy.
Democracy re-emerged in Europe around the Renaissance following discontent with rule by
kings and the church combined with desire by the public to participate in the running of
government. Unlike in Greece, democracy in Europe emerged as ‘representative democracy’
where, instead of direct participation in running government, citizens selected individuals to
represent them in parliaments. The modern conception of ‘representative democracy’, however,
mainly draws from agitation for ‘representation’ in America during the American Revolution and
the war of independence from British colonial rule. It was the founding fathers’ objection against
British legislation and taxation that gave rise to calls for representation. The American colonies
were aggrieved with taxation of the colonies without representation in the British Parliament. In
their understanding, no foreign power should tax a people not represented in its parliament. The
people had the right of representation in a legislature that passes law and collects tax from
amongst the population.
In our context, colonial Britain introduced ‘legislative representation’ with colonial
hegemony over Nyasaland from the late 19th Century. With elements adapted from the American
experience, this is the concept of representative democracy adopted in the Constitution. Of
course, much of the influence from British parliamentary practice remains.
III. Role and Responsibility of members of parliament
The Constitution outlines functions and responsibilities for members of parliament. Under
Malawi’s constitutional framework, the principal function and responsibility of members of
parliament is to represent the people in the National Assembly as granted in s. 66. These include
deliberation of laws, taxation and finance bills, whether initiated by government or private
members and indictments and conviction of the President or Vice-President by impeachment. In
addition, Parliament allocates funding to government departments for the provision of public
services. Parliament also checks government expenditure through reports from accountability
institutions such as the Auditor General, as well as exercising oversight over government through
Parliamentary Committees. In that regard, members of parliament are primarily charged with

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presenting constituents’ views and ensuring that those views are considered. Nowhere does the
Constitution or any law in Malawi empower members of parliament to champion development in
their constituency in a manner asserted during election campaigns. Comparably, members of
parliament would be able to indirectly advocate development in their constituency if Malawi
provided room for earmarks in the National Budget as practised in the U.S. Congress; however,
Malawi’s Parliamentary practice does not provide for this.
Members of Parliament need to focus on proposing laws and policies that better the lives of
the people, create the legal frameworks that promote business and repeal outdated laws.
Unfortunately, it is quite possible to imagine some members of parliament spending their entire
five year term without contributing anything to parliamentary debates beyond their maiden
speech.
Some argue that members of parliament cannot bring private members bills to introduce
general law or propose amendments to the Constitution. This perception, which I too once held,
is erroneous and unsustainable, given the nature of the constitutional mandate. It is a vestige of
colonial trappings from English parliamentary practice. In the English Parliament, members of
parliament can only bring private members’ bills to confer a private benefit, provide for
charitable objectives or alter a law affecting an agency on whose behalf a private member’s bill
is introduced. That position is untenable in Malawi because the Constitution does not limit the
type of bills members of parliament can introduce. And in the context of amendments to the
Constitution, there are no restrictions on who can initiate amendments.
Others may argue that members of parliament receive funding through the Constituency
Development Fund to champion development. That is equally misleading of the purpose for
which members get constituency development funds. Drawing from the functions and
responsibilities of members outlined in the Constitution, the purpose of the Constituency
Development Fund seems to be to enable members fulfil their role and responsibilities with little
or no personal financial hardship. If members of parliament are to better represent constituents’
views in legislative deliberation, they need to conduct extensive consultations with their
constituents. The Constituency Development Fund ought, therefore, to finance research,
consultations and preparation of submissions to parliament. Second, the fund ought to finance
town hall meetings to collect public opinion on issues raised in Parliament. Where a member
wishes to introduce a private member’s bill proposing new law or repealing an outdated law, the
fund should be used to finance consultations to obtain public views on the proposed bill.
The claim to champion development and the use of funding from the Constituency
Development Fund to finance development projects is a misrepresentation of the role and
responsibility of members of parliament. Such representation blurs the separation of powers
between the Executive and the Legislature. On the contrary, it is ward councillors under local
government structures who are mandated by law to lead development initiatives within local
communities. Section 6 of the Local Government Act provides that the functions of local
government councils include making policy and decisions on local governance and development;
consolidation and promotion of local democratic institutions and participation; promotion of
infrastructural and economic development through the formulation, approval and execution of
development plans; mobilization of resources for governance and, in conjunction with the
Malawi Police Service, maintenance of peace and security. Specifically in the context of
development, the Second Schedule to the Act obliges councils to draw up plans for the social,
economic and environmental development in consultation with agencies involved in
development work. Moreover, the second schedule provides a detailed description of additional

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functions for local government councils, which functions incumbent and aspiring members of
parliament unwittingly usurp during election campaigns and which, as pointed out, blurs the
separation of powers between the Executive and the Legislature.
Although councillors are elected in general elections together with members of parliament, as
hopefully they will be this year, and although they carry out deliberations in similar fashion to
parliament, they are not part of the legislature, whether in law or function. They are part of the
Executive administered and regulated under local government. They report to the Executive
through the Ministry of Local Government and, as précised above, are responsible for
implementing laws and government policy at city, municipal and district levels. They take the
leading role in the development of local constituencies and, being part of the Executive, have the
structures to ensure such local development is achieved. They have established accountability
and reporting obligations. Members of parliament have neither the resources nor the authority to
initiate development projects at the local level.
Given this expose of the functions and role of members of parliament, the Malawi Electoral
Commission (MEC) and the National Initiative for Civic Education (NICE) complimented by
civil society needs to initiate robust civic education programs to educate people on the roles and
responsibilities of members of parliament. In the same vein, MEC and NICE need to clearly
educate the masses on the separate roles and development responsibilities of ward councillors.
Finally, it is important that electoral laws be reformed to specifically delineate the roles and
responsibilities of members of parliament. Those roles should restrict members of parliament to
initiating and deliberating legislation, advocating the repeal of obsolete laws and oversight of
public expenditure and government activities through Parliamentary Committees.
IV. Vandalism and the Violation of People’s Right to Development
Turning to aspirants that reclaim their campaign investments after electoral loss, every time
incumbent and aspiring members donate infrastructure, it becomes part of public property within
the framework of the right to development as guaranteed and protected by the Constitution.
Section 30 provides that all persons and peoples have the right to development, and extends that
right to economic, social, cultural and political development. Further, s. 30 mandates the State to
take all necessary measures for the realization of the right to development, including the equality
of opportunity for all in their access to basic resources, education, health services, food, shelter,
employment and infrastructure and to introduce reforms to eradicate social injustices and
inequalities. Indeed, the right to development is recognized by international and regional treaties.
Whenever candidates invest in local infrastructure, construct bridges or repair roads, build
dispensaries, schools, drill boreholes or donate ambulances for use in local hospitals, they act as
duty bearers in ensuring the effective realization of the right to development. In their support for
sporting activities and provision of food and material donations, candidates add to the enjoyment
of the people’s right to economic, social and cultural rights.
The duty to respect is well established as one of the four duties in human rights law. That
duty restrains any duty bearer, whether the state or non-state actors, from interfering with rights
people enjoy. In this regard, reclamations or demolitions of public infrastructure constitute a
flagrant breach of the duty to respect. When a losing aspirant either reclaims donations or
demolishes infrastructure they commissioned, they are violating the people’s right to

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development and commit crimes. They are vandalizing public property regardless of whether
they financed such development projects or not. For that reason, an aspirant that demolishes
infrastructure after electoral loss can be arrested and charged with the offence of malicious
damage to public property. In that sense it is equally necessary if electoral laws on political
campaigns were reformed to prohibit conduct that diminishes the value of investments during
election campaigns; laws should be passed making it a crime to demolish infrastructure
constructed during election campaigns.
V. Conclusion.
Malawi has made progress reforming its governance institutions since the adoption of the
liberal democratic Constitution in 1994. Holding four general elections is a major achievement
implementing those reforms. Members of Parliament serve a significant purpose in a democratic
society, and certainly in Malawi’s new democratic constitutional order, they are indispensable. It
is time that the role and responsibilities of members of parliament were clarified to curtail the
culture of handouts prevalent during elections that breed indolence, perpetuate misrepresentation
of their role and responsibilities and blur the separation of powers between the Executive and
Legislature. It is also important to highlight the role of ward councillors who are mandated by
law to lead development initiatives at local level. Lastly, vandalism of public property is a crime,
even if the infrastructure was sponsored by an aspirant during election campaigns. Such conduct
violates people’s right to development.
Handouts, misrepresentations and vandalism need to be stopped and or punished if Malawi is
to realize its potential for responsible politics. Only when the role and responsibilities of
members of parliament are clearly delineated, misrepresentations that blur the separation of
powers between the Executive and the Legislature removed, will responsible politics be instilled
and people’s right to development guaranteed.