LILONGWE-(MaraviPost)-Uncontrollably Running court injunctions are said to be costing and derailing Malawi government developmental agenda heavily.
Even the general public are confused the way courts grant injunction that its temporal remedy for injustice is being abused.
Lawyers who chase running injunctions are also blaming for misleading the courts that even magistrates execute powers off their mandates.
This is so as only high court is mandated to issue stay order but the case is different as magistrate courts still trending their power wrongly.
Consequently, fresh calls for review of the injunction stay order are emerging address the judicial mess of running court injunctions.
On Friday’s public lecture in which Malawi Law Society (MLS) organized in the capital Lilongwe, participants expressed dissatisfactory over the manner courts injunctions are granted.
An experienced legal counsel, Marshal Chilenga who led the public lecture observed that the judiciary is under intense pressure over willy-nilly granting of running injunctions.
Chilenga told the fathering that there is a need for complete overhaul reviewing injunction law urging that all parties must be given opportunity before the stay order is granted.
He however wondered why magistrate courts still grant injunctions when all in all only high court is mandated to carry such duties.
“The willy-nilly court injunction mess is being perpetuated by un procedural conduct in our judicial system. Magistrate courts are granting stay order the task high court is mandated. This anomaly must be corrected. Let the public must always challenge that.
“Court injunctions are very important as they provide temporally remedy to injustice on people. But proper procedures must be followed to address the current mess up of willy-nilly stay order’s grant,” urges Chilenga.
Justice and Constitutional Affairs Minister Samuel Tembenu disclosed that running court orders have heavily cost government developmental agendas.
Minister Tembenu cited the scenario when government presses companies to pay tax revenues, then the latter gets an injunction.
“One tends to wonder when government is constructing a school block then someone gets a court stay order stopping the whole process. Is this injunction really serving its general purpose? This is costing Government heavily,” worried Tembenu.
MLS Chairperson Nkhumbo Bonzoe Soko disclosed that the society was in the verge of sensitizing the public on critical laws through public lecture.
Soko added MLS will push for reviews on certain laws that are not still serving the public’s interest but confusions
The public lecture attracted participants from legal fraternity, media and the general public.