Attorney General advises against enforcing stricter Covid-19 measures

Attorney General Chikosa Silungwe has advised the Presidential Taskforce on Covid-19 to reverse its decision to implement public health coronavirus containment, prevention and management rules as the matter is still in court where lockdown was challenged.

On July 10, 2020, the Taskforce through Co-Chairperson John Phuka issued new restrictions to contain the spread of the Covid-19 pandemic following continued rise of cases in he country.

Among others, the taskforce announced the suspension of entertainment gatherings, weddings and other social gatherings and imposed restrictions on religious and funeral gatherings.

But in a directive memo which Nyasa Times has posted here, Silungwe stressed that enforcement of the rules was suspended by the High Court in case number 22 of 2020.

He said: “This means that the suspension imposed by the court is still in force. Government cannot, therefore, enforce or implement the rules until the suspension is lifted.

” In view of the foregoing, you are advised to reverse your decision to implement the rules by way of Press Release since the matter is still in court.”

The Attorney General has since given an assurance that his office is handling the matter with utmost urgency it deserves considering the increase in the number of Covid-19 cases in the country.

The Coronavirus Containment, Prevention and Management Rules were gazetted by the Minister of Health on 9th April, 2020 but were suspended by the High Court in the case of the State (on application of Esther Kathumba and others).

The injunction was filed against the President of Malawi, Minister of Health, Inspector General of Malawi Police Service, Commander of the Malawi Defence Force and the Attorney General as Judicial Review Cause Number 22 of 2020.

Silungwe has since asked Presidential Taskforce on Covid-19 not hesitate to consult his office for any advice on the matter,” says Silungwe in the letter issued on Monday.

After the fresh directive that was done on Friday, July 10 all commercial banks in the country issued notices that no customer shall be allowed into banking halls if they are not wearing face masks.

Meanwhile, the Directorate of Road Traffic and Safety Services (DRTSS) said that it had intensified enforcement and surveillance exercises on all routes to ensure that motorists and operators are adhering to the Covid-19 preventive measures it laid down.

The Directorate further warned that it will not hesitate to revoke licences of any operator and driver who will not adhere to the guidelines and restrictions.

The measures include restriction on carrying capacity for the public service vehicles (buses, minibuses and taxis) that they should be reduced reduced to 60% seating capacity whilst observing social distance.

All tricycle shall only carry the rider and one passenger; goods vehicles shall only carry the driver and one passenger in front seat and pedal cycle and motor cycle should maintain carrying only one passenger.

No standing passengers allowed on any public service vehicle and that and public service vehicles should have slide opening windows and those without should have a functional ventilation system.

All public service vehicles are required to disinfect before commencement of every trip and all crew and passengers must put on protective face masks that will cover the nose and mouth

All passengers must wash hands with soap or use hand sanitizers before entering a bus or minibus. The Directorate also bans touting (call boys) for passenger service vehicles.

Animals are not allowed to be carried on public service vehicles and all goods vehicles are not allowed to carry passengers.

Cross-border passenger travel still remains suspended and all passengers in private vehicles should sit next to windows with no passenger sitting in the middle.

The directorate further says all private vehicle occupants should wear face masks.

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