The Office of the Attorney General has withdrawn its appeal against a May 2025 High Court ruling that declared the Constituency Development Fund (CDF) and Water Resource Fund guidelines unconstitutional.

The High Court had ruled that parliamentarians should not be involved in managing, selecting, or implementing CDF projects, citing a violation of the separation of powers. 

Malawi Local Government Association (MALGA) Executive Director Hadrod Zeru Mkandawire welcomed the development, describing the appeal as "worst of time" and a "slap to decentralization principles".

"It it exciting news in respect to constitutionalism, rule of law and governance. As we earlier indicated, the purported appeal was a worst of time, resources and a slap to decentralization principles," Mkandawire said.

Ministry of Justice spokesperson Frank Namangale confirmed the withdrawal to Zodiak Friday citing "legal considerations" but declined to provide further details.

"I am unable to provide reasons for the withdrawal at this stage, but there are always legal considerations for the Hon. Attorney General to arrive at such a decision," he hinted.

The case was brought to court by the Registered Trustees of the Malawi Local Government Association against the Ministry of Local Government and the Attorney General. 

The government has allocated K5 billion to each constituency in the 2026/2027 fiscal plan, with new guidelines being formulated.

President Peter Mutharika did not assent to the Amended Constituency Development Fund (CDF) Bill after the 2025/2026 Mid-year budget review.