BLANTYRE-(MaraviPost)—Malawi Government, through the Ministry of Justice and Constitutional affairs has defended President Peter Mutharika’s declaration of national disaster amid covid-19 epidemic, saying the President acted within the law.
Last month, Mutharika declared a state of national disaster over the coronavirus pandemic. As part of measures under the declaration, Mutharika banned public gatherings, closed schools and imposed travel restrictions on foreigners.
But High Court Judge Kenyata Nyirenda, who recently attracted public outrage when he ordered the Department of Immigration not to deport four Chinese nationals upon their arrival in the country amidst the deadly covid-19 pandemic, faulted Mutharika for using archaic laws.
Nyirenda in a ruling delivered on Friday, suggested that Mutharika did not mention the law because citing the law would have placed the authorities between a hard place and a rock.
“On one hand, there is the route of section 45 of the Constitution with its strict conditions, which conditions include obtaining approval from the Defence and Security Committee of the National Assembly.
“On the other hand, resort could be had to the Disaster Preparedness and Relief Act which, as has already been observed is not only very much outdated (already raising the question of its compatibility with the Constitution) but its provisions are also not that useful,” said Nyirenda.
In response, Ministry of Justice and Constitutional affairs has defended Mutharika’s move saying the president’s decree was made in accordance with section 32 of the Disaster Preparedness and Relief Act (Cap. 33:05 of the Laws of Mala?i).
“In making the Declaration, the President complied with section 32 of the Act and as required by that provision, caused the said declaration to be published in the Gazette as Government Notice No. 4 in the Malawi Gazette Supplement of 3rd April, 2020,” said Pilirani Masanjala, Ministry of Justice spokesperson, in a statement dated 6th April, 2020.
He added: “The declaration of a state of disaster under subsection (1) shall remain in force for a period of three months from the date specified in the declaration as the commencement date of the state of disaster, unless the President by notice in the Gazette, withdraws such declaration before the expiry of such period: Provided that the President may, from time to time, extend or further extend such period by not more than another three months and shall do so by notice in the Gazette, published before the expiry of such period or any such extension thereof.”
Masanjala added that the Disaster Preparedness and Relief Act does not stop the president, as head of State and Government, from announcing any extraordinary measures as necessary in order to protect persons affected or likely to be affected by the disaster so declared.
Covid-19 has affected the whole world, forcing some countries to impose very strict measures. China was the first country to register coronavirus cases.