Tag Archives: Kalekeni Kaphale

Law and order, Malawi

Opposition DPP Bigwigs Arrested in Politically Motivated Crackdown

Maravi Post Reporter

By Twink Jones Gadama

In a move widely seen as a politically motivated crackdown, police in Lilongwe have arrested four high-ranking members of the opposition Democratic Progressive Party (DPP), including Member of Parliament Joseph Mwanamveka. The arrests, which were confirmed by lawyer Kalekeni Kaphale, also include former Secretary to the President and Cabinet (SPC) Lloyd Muhara, and former secretary to Treasury Cliff Chiunda.

According to Kaphale, Mwanamveka and Chiunda are currently being held at Area 3 police station, while Muhara is giving statements to fiscal police at Area 6. While the police have yet to comment on the arrests, sources close to the matter suggest that the arrests are related to issues concerning the Greenbelt Initiative.

The Greenbelt Initiative, a brainchild of former President Peter Mutharika, aimed to boost agricultural production and improve food security in Malawi. However, the project has been dogged by controversy, with critics accusing the previous administration of mismanaging funds and failing to deliver on its promises.

The arrests of Mwanamveka, Magalasi, Muhara, and Chiunda have sparked widespread outrage, with many seeing the move as a blatant attempt to intimidate and silence the opposition. The DPP has been a vocal critic of the current administration, and the arrests are likely to be seen as a crackdown on dissent.

“This is a clear case of political persecution,” said a senior DPP official, who wished to remain anonymous. “The arrests are meant to intimidate us and silence our voices. But we will not be cowed. We will continue to speak out against injustice and fight for the rights of Malawians.”

The arrests have also raised concerns about the independence of the police and the judiciary. Many Malawians have expressed fears that the police and the courts are being used as tools to settle political scores.

“This is a dark day for Malawi,” said a civil society activist. “The arrests are a clear indication that we are sliding back into authoritarianism. We urge the authorities to respect the rights of all citizens and to refrain from using the police and the courts to persecute political opponents.”

As the drama unfolds, one thing is clear: the arrests of Mwanamveka, Muhara, and Chiunda have set the stage for a major showdown between the opposition and the government. The coming days and weeks will be crucial in determining the direction of Malawi’s democracy.

DPP Condemns Chakwera Regime’s ‘Tyranny’ Amid Intimidation and Arrests of Opposition Leaders

Shadric Namalomba
DPP demands apology for ‘Msonda’s malicious lies’ in strong press release

By Twink Jones Gadama

The Democratic Progressive Party (DPP) has issued a scathing statement condemning the Chakwera regime’s “tyranny” and “intimidation” of opposition leaders. In a press release dated January 5, 2025, the DPP strongly denounced the ongoing arrests and harassment of its leaders, labeling the actions as “unacceptable” and “exposing the incompetence of this government.”

According to the DPP, the recent incident involving Honorable Chisale, where armed police in plain clothes descended on him at Blantyre Shoprite Mall, despite his prior visit to the Police headquarters, is a clear display of the “inhumane and unprofessional behavior” of the Malawi Police. The party expressed concern over the disregard for the rule of law, emphasizing that arrests should only be made with a valid warrant.

The DPP also highlighted the case of Honorable Namalomba, who was threatened with arrest while attending his aunt’s funeral, simply for excusing himself to attend a meeting with the Police. Other leaders, such as Hon Sameer Suleman and Hon Joseph Mwanamvekha, have faced similar intimidation and threats.

The party asserted that these acts of political intimidation and threats must stop, emphasizing that the Chakwera Government has failed in all aspects. The DPP stated that the people of Malawi are suffering from poverty, hunger, and the rising cost of basic necessities due to the “incompetent and corrupt government.”

The DPP accused the Chakwera administration of prioritizing personal interests through nepotism and fraud, adding that the government is aware that its time in power is limited. The party claimed that the government has lost the trust and support of the Malawian people and is seeking to silence all opposing and dissenting voices.

The statement concluded with a defiant tone, emphasizing that the DPP will continue to fight against the “clueless, incompetent, corrupt, nepotistic, cruel and oppressive government.” The party reiterated its commitment to liberating the people of Malawi from the Chakwera regime.

The DPP’s statement comes amid growing tensions between the opposition party and the ruling Tonse Alliance government. The development has sparked concerns about the state of democracy and human rights in Malawi.

In a related development, the DPP has been accused by some quarters of being responsible for the failures of the Tonse Alliance regime ¹. However, the DPP has maintained that it is the Chakwera administration’s incompetence and corruption that are to blame for the country’s woes.

Meanwhile Police have arrested Joseph Mwanamveka,Sameer Suleiman and other senior DPP officials according to Lawyer Kalekeni Kaphale.

Law and order, Malawi

No breathing space for Martha Chizuma as state ropes in private lawyer Kaphale

Maravi Post Reporter

LILONGWE-(MaraviPost)-In a twist of events, government has filed an “urgent application without notice” in the High Court of Malawi to restore the interdiction of Anti-Corruption Bureau (ACB) director general Martha Chizuma.

According to her lawyer Martha Kaukonde, Chizuma on Tuesday, February 7, 2023 reported for duties courtesy of a High Court order granted to Malawi Law Society (MLS) pending a judicial review of the decision to suspend her on January 31 2023 until her criminal defamation case is concluded.

But Tuesday night, court documents and interviews confirmed that Attorney General (AG) Thabo Chakaka-Nyirenda has engaged three private practice lawyers, namely former AG Kalekeni Kaphale, Chancy Gondwe and George Jivason Kadzipatike to represent police prosecutor in the Chizuma case, Levison Mangani, the Lilongwe chief resident magistrate and secretary to the President and Cabinet (SPC) Colleen Zamba.

Gondwe confirmed both his hiring and the filing of the “urgent application” to vacate the order issued earlier on Monday that effectively stopped Chizuma from appearing before the magistrate’s court in Lilongwe today and also allowed her to resume her duties.

He said he is representing the SPC while Kaphale will defend the Lilongwe chief resident magistrate and Kadzipatike is counsel for Mangani.

Representing the SPC: Gondwe

If the State succeeds to have the order vacated, the interdiction order the SPC issued would be enforceable and Chizuma will be out of office and will appear before the court to answer her criminal defamation case.

The State’s application, because of its urgency nature, was made ex-parte without notifying MLS.

MLS president Patrick Mpaka said last night in an interview they were not made aware of the application.

In their sworn statements, lawyers representing the State are arguing that MLS has no sufficient interest in the case. They also argue that MLS has mis-read its objectives as provided under Section 26 (1) of the Legal Education and Legal Practitioners Act by instituting the present action as the conduct is tantamount to interfering with lawfully and properly instituted criminal proceedings.

Kalekeni Kaphale

They further argue that the lawyers’ body’s conduct does not protect nor assist the public as the conduct was tantamount to clogging the criminal justice machinery, which is a public good.

Reads the sworn statement: “The order for permission for judicial review was wrongly granted by the court when the accused person [Chizuma] could have availed herself and exhausted the available alternative remedie.

“Judicial review could not lie against the 2nd defendant’s [the Lilongwe Chief Resident Magistrate]decision as [the court’s] decision was made in the exercise of [its] judicial functions and therefore protected from any liabilities…”

The State lawyers argue that the MLS was acting as a proper surrogate litigant when the actual aggrieved party is competent to challenge the defendants’ conduct and has not challenged or complained in the matter.

The MLS decision, they further argued, was also made without blessings from its board.

The court is yet to set a date to hear this urgent application, according to Gondwe.

High Court Judge Mike Tembo on Monday suspended implementation of the interdiction order that restrained Chizuma from discharging duties of her office pending her criminal defamation case.

In a rare lawsuit, MLS took to court the prosecutor Mangani, the magistrate in Lilongwe and Zamba, who is Malawi’s top civil servant.

When news about Chizuma’s interdiction came to light MLS alongside legal scholar Garton Kamchedzera queried the legality of the SPC’s letter.

MLS said the SPC ’ s communication appeared to be “seriously misguided and perhaps issued without jurisdiction” because due to the need for independence of the office of the ACB director general, the Corrupt Practices Act (CPA) in Section 6(2) and (3) provides that the power to suspend or remove the ACB chief is in the President and can only be done where the reason is desirable in the public interest to do so.

Chizuma was scheduled to take plea at the Lilongwe Chief Resident Magistrate’s Court today under criminal case number 236 of 2023 on two counts of making use of speech to lower the authority of a person before whom a judicial proceeding is being heard, which the State claims is against Section 113 (d) of the Penal Code.

Police arrested Chizuma at dawn on December 6 2022 following a complaint purportedly filed by former Director of Public Prosecutions Kayuni about a viral audio. However, she was first released on police bail hours later before Minister of Justice Titus Mvalo told Parliament she was released unconditionally.

A commission of inquiry into Chizuma’s arrest also faulted both Chizuma and Kayuni for failing to use sound judgement in the handling of the issues.

Law and order, Malawi

Former Malawi Attorney General Kalekeni Kaphale arrested for contravening road traffic rules

Maravi Post Reporter

By Chrissy Nkumba

LILONGWE-(MaraviPost)-Malawi Police in Lilongwe are keeping in custody the Former Attorney General (AG) Kalekeni Kaphale.

Lilongwe police station Public Relations Officer Hastings Chigalu has confirmed the arrested saying that Kaphale was arrested yesterday for violating road traffic regulations and insulting a police officer on duty and is being kept at area 3 police.

He served as Attorney General from 2014-2017 and he was reappointed from 2019.

corruption, Law and order, Lifestyle, Politics

Former Malawi Attorney Kaphale disowns Abdul Karim Batatawala’s claim on MK53bn immigration saga

Maravi Post Reporter
Kalekeni Kaphale; Batatawala is lying

BLANTYRE-(MaraviPost)-Former attorney general (AG) Kalekeni Kaphale has distanced himself from businessman Abdul Karim Batatawala’s assertion that his MK53 billion claim in the Department of Immigration and Citizenship Services uniforms’ supplies case was ever considered for an out-of-court settlement during his tenure of office.

Two companies owned by Batatawala, namely Africa Commercial Agency and Reliance Trading Company, are claiming K53 billion payment for an initial K9 billion contract to supply uniforms to the department.

However, current AG Chikosa Silungwe describes the claim as “dubious” and has invited Anti-Corruption Bureau officials to reinstitute investigations into the matter.

Batatawala has since asked the AG’s office for an out-of-court settlement of the claim, saying discussions were already underway when Silungwe was taking over the office.

Former Malawi President Mutharika, DPP distance themselves from Batatawala company’s suspected fraud

A letter by Batatawala’s lawyers Nampota and Company, asking for an out-of-court settlement of the matter, says the matter was already considered for an out-of-court settlement before it somehow proceeded to trial.

“We would like to inform you that this matter was already in the process of an out-of-court negotiated settlement to avoid costs before it proceeded to trial,” the letter reads.

But Kaphale—who was AG at that time—said the MK53 billion claim was never, at any point, discussed or considered for an out-of-court settlement.

“Companies connected to this gentleman had many business deals with government and they were always claiming payments. I remember two cases which were concluded and payment was due but not on the MK53 billion claim.

“This claim was not being contested at the time I left government. There was no way that it could be settled out of court because it was a complex matter involving procurement issues,” Kaphale said.

Batatawala’s lawyers wrote AG Silungwe’s office on the issue of out-of-court settlement on June 7 2021.

However, Silungwe has stood his ground, saying, while it was true that he had received the letter, his office is ready to defend the claim in court.

Malawi’s MK53 billion Immigration saga: AG Silungwe must take Batawalala’s firm head on

Early this month, former Malawi President Arthur Peter Mutharika (APM) also distanced his government from words going around that his government had cleared one Abdul Karim Batatawala from matters related to corruption and money laundering.

Speaking through his spokesperson Linda Salanjira said that the matter came on his desk but advised the Anti Corruption Bureau (ACB), Fiscal Police, Malawi Revenue Authority (MRA) and Immigration to desist from toying around with the idea of clear the business man and his companies African Commercial Agencies and Reliance Trading Company.

Karim is said reportedly summoned by the then Attorney General Kaphale and the Director General of ACB then Lucas Kondowe to go through the files of the two companies and the many cases involving the owner Batatawala.

Law and order, Lifestyle, Top News

Former Malawi Electoral body chair Jane Ansah, Kaphale ordered to personally pay MK3.1 million over SA lawyers hiring debacle

Maravi Post Reporter
Jane Ansah faulted

LILONGWE-(MaraviPost)-Embattled former Malawi Electoral Commission (MEC) chairperson Jane Ansah and former Attorney Kalekeni Kaphale have been ordered to pay back K3.1 million which was spent on South African lawyers MEC hired last year.

Ombudsman Martha Chizuma has issued the order on Tuesday, March 4, 2021 in a report titled Upholding the profession: An investigation into the alleged acts of abuse of power and other acts of maladministration in the procedure of procuring and engaging South African lawyers by the former Attorney General and the Malawi Electoral Commission.

MEC under Ansah hired Mboweni Maluleke Inc Attorneys at an agreed fee of US$788, 500 (about MK600 million) to represent the commission in the presidential elections appeal case last year.

Kaphale

They agreed that 50 percent of the fee was payable in advance on or before 13 March, 2020 and the 50 percent was payable to the lawyers upon finalization of the appeal case.

In a letter dated 11 March, 2020 Kaphale confirmed that four lawyers— Dumisa Ntsebenza, SC, Elizabeth Makhanani Mere, Gideon Phalatse and Caphus Mboweni – had arrived in the country on March 8 and he asked Umodzi Park to allow the lawyers stay at the Peermont Hotel and after completion of procurement process.

The lawyers in the end failed to represent MEC as they were rejected by the Chief Justice.

In her report today, Chizuma said Kachale and Ansah should personally pay back the money MEC pay for the lawyers’ stay the hotel since the money was paid before procurement process for the lawyers had been completed.

“I direct that Hon Kalekeni Kaphale and Justice Jane Ansah refund in equal amounts total sum of K3,155,248 being public funds expended on the SA lawyers during their stay at Peermont Hotel. This money should be paid back to MEC and proof of payment should be submitted to my office by 28th May, 2020,” said Chizuma.

She also faulted MEC and Kaphale for falling to negotiate the legal fees of the South African lawyers, saying US$788,500 was more than half of the reasonable figure of about US$367,567.

Chizuma, however, said findings show that MEC did not pay any money in legal fees to the South Africa lawyers.

“It is my finding that nothing was paid by Malawi Government to the SA lawyers as legal fees pursuant to the Retainer Agreement following their non-admission by the Malawi Courts,” said Chizuma.

In the Presidential Elections Appeal case, MEC was represented by lawyer Tamando Chokhotho. The commission lost the case as the court maintained the High Court’s decision to nullify the 2019 presidential elections and order for fresh presidential elections.

Ansah is to be reportedly in UK for holiday since last year.

Malawi

Malawi AG Kaphale censures Legal Affairs Committee for usurping parliament’s powers

Maneno Chimulala
Kalekeni Kaphale: Malawi Attorney General

BLANTYRE-(MaraviPost)—Attorney General (AG) Kalekeni Kaphale has taken a swipe at the Legal Affairs Committee of parliament for acting as a parliament on its own in the setting of the date for the fresh presidential poll.

In a letter addressed to the committee’s chairperson Kezzie Msukwa, Kaphale says the committee has misdirected itself and commtted a grave error of law by believing that is can resolve to set a date for the fresh Presidential Election and dictate the same to the Malawi Electoral Commission (MEC).

He said: “To begin with, your committee, Sir, is not parliament at all. It is simply a committee of parliament. On page 124 of the judgment of the Supreme Court of Appeal, the court said and I quote: “It is important that parliament of fresh election.”

“The above order was not made in a vacuum. It was informed by a rearity of section 80(1) of the constitution which states that: “the president shall be elected in accordance with the provisions of the Contitution in such manner as may be prescribed by an Act of Parliament, and save where this constitution provides otherwise, the ballot in presidential election shall take place concurrently with the general election for members of the National Assembly as prescribed by section 67(1),” he added.

Kaphale has further advised the Committee to stop behaving as parliament, arguing doing so contracts with the Constitution, which is the superior law of the land.

“Please note that your Committee, Sir, cannot have recourse to section 48 of the parliamentary and presidential election Act to believe that the Commission can set a date for fresh presidential election.

“That thinking has three problems. Firstly, it contravenes the clear wording of section 80 of the Constitution, which is superior law; secondly, it conflicts with the very decision of the Supreme Court that ordered Parliament to set the date for the fresh presidential election; thirdly, it contradict what you have just done; set the date and dictate it to the Commission,” he said.

Meanwhile, the Legal Affairs Committee of parliament has written the Malawi Electoral Commission (MEC) to have the electoral body gazette 23 June, 2020 as the date on which the fresh presidential poll shall be held.

Worldwide, Committees are an important vehicle through which Parliament more effectively carries out its legislative, representation and oversight functions.

Their reports are tabled and debated in the respective Houses. Parliament plays an oversight role mainly through its Portfolio and Thematic Committees

Malawi

Malawi parliament endorses MEC’s proposal to hold fresh election on June 23

Angella Semu
Jane Ansah wants election to be held on 23 June

BLANTYRE-(MaraviPost)—Legal Affairs Committee of Parliament has advised the Malawi Electoral Commission to work on the country holding fresh presidential election on June 23 while they are waiting to put the law in place for the election date.

Speaking on the sidelines of a meeting that the committee had with MEC Chairperson, Justice Dr. Jane Ansah, and Attorney General, Kalekeni Kaphale today, the committee’s chairperson, Kezzie Msukwa, says they will not completely follow the advice of the Attorney General to have ‘genuine election’ as, he said, the AG is compromised in his stand, having represented MEC in the court case in which the Constitutional Court nullified the presidential poll.

On the bills that President Peter Mutharika rejected, Msukwa says the meeting has agreed that only pieces of the legislation guiding a possible run-off and election date should be tabled and that the rest should be tabled after elections when the country will be politically stable.

Attorney General Kalekeni Kaphale has said they haven’t agreed on any date for the fresh election but as Attorney General, he has advised the members of the legal committee that the mandate to choose a date lies in the hands of Parliament.

MEC, during a meeting with the National Elections Consultative Forum (NECOF) which comprises all election stakeholders in the country last week, announced that in view of the Supreme Court’s ruling on May 8 the Commission had revised the fresh presidential election date to June 23 from July 2.

Ansah said with the Supreme Court’s clarification on the date for fresh election the Commission found June 23 to be an appropriate date for the poll.

“The Supreme Court upheld the fresh election and that it should be conducted within the 150 days from Feb. 3 as per the High Court ruling,” said Ansah.

However, the MEC Chairperson said the date was tentative and that the full responsibility of setting the date for the election lies in the hands of Parliament.

Incumbent president Peter Mutharika is going to face opposition leader, Lazarus Chakwera, in the fresh election and the two opponents have rolled out a stiff campaign across the country to woo the electorate.

Malawi

Malawi Parliament summons Jane Ansah, Kaphale

Maneno Chimulala
Justice Jane Mayemu Ansah
Justice Jane Mayemu Ansah, S.C. Chairperson of the Malawi Electoral Commission

BLANTYRE-(MaraviPost)—Following the Malawi Electoral Commission’s  (MEC) ‘suspicious’ u-turn  on election date, the Legal Affairs Committee of Parliament has summoned the embattled electoral body’s chairperson Jane Ansah and Attorney General (AG) Kalekeni Kaphale to a meeting which will take place tomorrow to discuss the matter.

Committee chairperson Kezzie Msukwa in an interview yesterday said the meeting will map the way forward on the elections date.

 “We have summoned Jane Ansah to the meeting so that we agree on the date of election. There have been so many changes and different statements, so we want her to explain at the same time to tell us how prepared they are to honour the dates that will be suggested,” he said as quoted in the Nation.

The High Court sitting as a Constitutional Court on February 3 2020 nullified the May 21 2019 presidential election and directed Parliament to pass the Electoral Reforms Bills in preparation for a fresh presidential election within 150 days of the ruling. The 150 days expire on July 3 2020. On nMay 8, the Malawi Supreme Court of Appeal sustained the ruling.

In the same month, Parliament set May 19 2020 as the date for the fresh presidential election and extended the tenure of office for parliamentarians and counci by one year following the passing of two Electoral Reforms Bills which were sent too President Peter Mutharika for assent.

But in March, Mutharika withheld assent to the Bills and refused to fire MEC commissioners whom Parliament’s Public handle the next election and recommended that they be fired.Appointments Committee (PAC) found incompetent to

After the rejection of the Bills, MEC announced that the fresh presidential poll would be held on July 2 2020, but after the Supreme Court ruling, Ansah suggested at a National Elections Consultative Forum (Necof) meeting that the poll be held on June 23 2020.

But the MEC chairperson later said she did not have the mandate to set election dates and threw the matter back to Parliament.

Msukwa has since said the AG’s presence at tomorrow’s meeting will give him a chance to explain their side following the Supreme Court ruling on the fresh election.

Malawi

Malawi AG Kaphale taunted in lockdown ruling; injunction maintained

Maneno Chimulala
Kalekeni Kaphale: Malawi Attorney General

BLANTYRE-(MaraviPost)—The Lilongwe High Court has yesterday dismissed an application by the Attorney General (AG) Kalekeni Kaphale to vacate the injunction, which was obtained by Human Rights Defenders Coalition (HRDC), restraining government from imposing a 21-day lockdown.

In a ruling on the application to discharge permission granted to HRDC, High Court Judge Kenyata Nyirenda pointed out that the Attorney General erred in the way his office filed the application.

Kenyata said the application was incomplete as it did not indicate the party or parties making the application.

“The Application to Discharge Permission is not complete: it does not state the party or parties making the application. Needless to say, it is very important that the application should expressly state the party making the application. It will be recalled that, in terms of Order 19, rule 23, it is not only the Attorney General who can be named as a defendant in judicial review proceedings.

“As exemplified by this case, there are six defendants and each one of these has a right to see how best to conduct his or its case. In the premises, it would foolhardy for the Court and, indeed the other parties, to assume that an application to discharge permission for judicial review filed by the Attorney Generals is an application made by all the defendants to a case,” said Kenyata.

“The take-home message is that an application must be worded in such a way that the identity of the party making the application can easily be known,” he added.

Kenyata, therefore, extended the validity of the injunction he granted the HRDC to stop government from effecting a national lockdown.

“I cannot agree more with the Claimants. I am satisfied that the balance of justice lies in favour of maintaining the status quo. In this regard, the validity of the Court Orders granted herein on 17th March 2020 and 24th April 2020 respectively shall continue until the determination of the substantive judicial review proceedings or until a further order of this Court,” he said.

The court also expressed concerns over the conduct of the Attorney General Chambers in handling the proceedings, an issue which was also raised by Counsel Mwafulirwa during inter-partes hearing on 23rd April where the Attorney General was not in attendance.

The hearing took place despite the government’s decision to withdraw its decision to challenge the injunction.

The government withdrew its application to challenge the injunction saying the Judiciary, which last had granted a seven-day injunction stopping implementation of a national lockdown to manage coronavirus (Covid- 19) pandemic, holds the key to the future of the precautionary measure.

“The office of the Attorney General is a creature of section 98 of the Constitution. As the principal legal advisor to the Government, the major tasks of the office of the Attorney General include (a) provision and coordination of legal advice to the Government, (b) ensuring legality of Government policies and acts, (c) promoting, protecting and upholding constitutionalism and the rule of law.

“Needless to say, this case raises a host of legal issues of constitutional importance. I, therefore, have great difficulties to understand why the office of the Attorney General would not want to be heard on the application one way or the other. As the holder of the office of the Attorney General is the head of the bar, the office of the Attorney General has to be exemplary in its handling of issues, particularly court proceedings,” said Kenyata.

On the wayforward Kenyata said that “a matter on the interpretation or application of the Constitution has arisen in these proceedings that requires that I submit the matter for the certification of the Honourable the Chief Justice under section 9 (3) of the Courts Act, and for the ensuing process thereunder.

“This Court will, therefore, proceed to refer the matter to the Honourable the Chief Justice for the certification under section 9(3) of the Courts Act, in accordance with the applicable procedure.”

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.

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.

HRDC and opposition parties faulted the DPP-led government for failing to announce any tangible measures to alleviate pain of millions of poor Malawians during the lockdown.

Meanwhile, Malawi has 36 cases of covid-19. From the 36 covid-19 confirmed cases, 23 (including 2 deaths) are from Lilongwe, 9 (including 1 death) from Blantyre, and Chikwawa, Nkhotakota, Karonga and Zomba have one case each.

Malawi

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

Maneno Chimulala
High Court Judge Kenyata Nyirenda

BLANTYRE-(MaraviPost)—Malawi High Court Judge, Kenyata Nyirenda, has today 24th 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.