CDF, ITS MANAGEMENT AND ACCOUNTABILITY: TIME TO REFLECT
Constituency Development Fund (CDF) is established by Article 162 of the Zambian Constitution which also opines that the management, disbursement, utilisation and accountability of this fund shall be prescribed.
This prescription is found in the Constituency Development Fund Act No. 11 of 2018 which place responsibility to manage, disburse, utilise and account to various offices and officers.
According to the Act, the Ministry of Local Government and Rural Development, local Authorities, member of Parliament, Councilors, WDCs and communities are involved in the management of the CDF.
The project lists are prepared by the CDF committee with inputs from WDCs for submission to the Minister by the close of the first quarter of the year for approval which must be done within 30 days after submission.
The Minister has also power to refer a project lists budget that above the CDF back the CDF committee for amendment and resubmission.
Procurement follows the provisions of the Public Procurement Act, No. 12, 2008 with respect to works and services (Sec. 22)
The minister also issue guidelines on the payment of funds for approved projects or specialised works and nature of projects to be undertaken (sec. 25), regulations (Sec.30) and fill in casual vacancies in CDF committees (schedule 2)
Implementation of the projects under the CDF is by the Councils (Local Authorities) and not the MP (also note that the MP does not sit in the council and his/her role ends at nominating people to sit on the CDF committee) (sec. 21)
The provincial local government Officer oversees and monitors the implementation of projects in the entire province.
Sanctions for misappropriation of CDF or assets attracts 500, 000 penalty units (ZMK150,000) fine or imprisonment for not exceeding 5 years or both, on conviction (Sec. 28)
CDF does not mean govt stops funding projects at district or constituency level, No!
Sec. 29 assures that CDF is just complementary to any other development activities by the central govt or any other agency further stressing that CDF does not mean exclusion of some areas from other development programmes by the government or any other agencies.
“For the avoidance of doubt, normal government development allocations shall continue alongside the projects funded under this Act [by the CDF]”(Sec.29)
In terms of accountability, the PLGO, Councils, CDF committee and Town Clerks or CSs keep and maintain accurate record of receipts and disbursement on a monthly basis (Secs. 23-26)
In addition, the Constitution Art. 156 guides that collectively and individually, Councilors shall be accountable to the National government and residents in their wards and districts for the performance of their functions in additions to audits of the funds by the Auditor General.
Sec. 10 places responsibility for accountability and transparency on the CDF on the principal officer who maintains a separate accounts for the fund and submits financial records the PLGO copies to PS for local government and the MP.
Let us all avoid arrests over abuse, misuse, misapplication and misappropriation of the increased CDF.
I submit
McDonald Chipenzi