Malawi govt. shuns lockdown injunction inter-parte hearing; ruling on Wednesday

BLANTYRE-(MaraviPost)—Malawi High Court Judge, Kenyata Nyirenda, has today 24^th April proceeded with an inter-parte hearing on whether to sustain or dismiss an injunction restraining the government from effecting a 21-day national lockdown without a representation from the government side.

During the hearing today in Lilongwe, lawyer Sullivan Kagundu representing the Human Rights Defenders Coalition (HRDC) in the lockdown injunction case argued in court that Minister of Health Jappie Mhango acted “unconstitutionally without authority, unjustifiably and in an unreasonable manner” to declare a national lockdown.

He also asked the court to condemn the Attorney General’s approach on the matter saying not availing himself in court shows lack of respect.

Judge Nyirenda  told the claimants that the ruling on whether to sustain or dismiss the lockdown injunction will be made on Wednesday next week.

Attorney General Kalekeni Kaphale withdrew his intention to challenge the injunction yesterday.

Kaphale has told media that there was no need for wasting time in the court in arguing against the injunction because it is self-evident that the pandemic is out there and is spreading quickly.

“We have carefully considered our position, and no longer desirous to argue any application to vacate the interlocutory injunction or to be heard,” he said.

Minister of Health Jappie Mhango announced on 14 April that the Malawi would be on lockdown for 21 days from the midnight of Saturday 18 April to midnight on Friday 8 May in an effort to control further spread of the deadly coronavirus.

But HRDC challenged the decision on grounds that the government did not put in place measures to cushion the devastating effects of the lockdown on poor Malawians.

Meanwhile, Prophet David Mbewe has joined the HRDC and has already presented his arguments to the court.