Attorney General advises against enforcing stricter Covid-19 measures

July 14, 2020 Duncan Mlanjira - Nyasa Times 36 Comments

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.

Attorney General directive to Presidential Task Force
Attorney General Silungwe:  The suspension imposed by the court is still in force

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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36 replies on “Attorney General advises against enforcing stricter Covid-19 measures”

  2. No wonder Sulungwe knows these judges very well since they were the ones behing Ant DPP and all its ideas of trying to protect Malawians from COVID.19….
    How does it sounds if the lockdown is now implemented by CHAKWERA/CHILIMA TEAM …
    History will vindicate
    who is real to Malawians societies
    POLITISIANS or JUDICIAL 😆😆😆

  3. The injunction can easily be lifted.
    Now the onus is on Tonse Alliance to put in place all the necessities which they were asking DPP government to implement before lockdown can take place.
    You can not lift injunction on the cheap.
    1. Give citizens of Malawi money to mitigate their loss of income during lockdown
    2. Support Businesses with finance so that they should not collapse due to covid 19.
    3. It was easy to challenge lockdown when you were in opposition now you seem to be very shrewd and you Want to lift the injunction through the back door.
    4. Go to court and play the drama of reversing your own argument.
    5. It’s sad politics was put above life of Malawians.
    6.Tonse Alliance you have scored your own goal for covid 19

  4. Burocracy on emergency?????? Mapepala mukutukumuka nawowa muthetsa anthu.Tell all the officials including every body else to forget all measures .Do not worry to see doners withdrawing covid aid .

  5. Kwathu Tiliko anthu 5 Ndipo tinagula galimoto imene timakwanilamo tonse 5 seater nde tizikanika kukwera tonse cuz of your stupid measures? Anzanutu anasisa mafuta mene amati awiri pa mpanda inu sisani enafe tizikwera public TPT

  6. Manyi kunena za paMalawi.
    Mwauze anthu asamakwele galimoto zonyamula anthu zokhala ndi panel number ya black and yellow.
    Anthu amenewa sadula msonkho onyamulila anthu
    Pofunika kuwazindikilitsanso za usabwino wake

  7. Mr. AG, you may be right legally, but you are wrong morally in what is a pandemic emergency……Malawians are dying!

  8. The latest nonsense from mcp government. Malawi is not only the poorest country but also the most careless in the world.

  9. Goodafbive from the AG but am wondering if these task forces don’t have lawyers within their setup to avoid such confusion which tends to paint a bad image out there. Try to liase with other organs before realesing such notices mind you you aren’t strangers to what the AG has pointed out. Phpma bwanj

  11. Bwana Silungwe, aside from the topic at hand, may i humbly ask u Sir, that you up your grooming game, to match with your current status and befitting your office.

  13. Is he now going to challenge the lock down. kaphale anakuuzani, the lives of malawians will be on your hands. You fought lock down that was am opportunity to contain the spread but a politically compromised judiciary ….

  15. Malawi should learn from Zambia and Tanzania how they are dealing with the COVID 19 using their own novel solutions. These lockdown approaches borrowed from Western rich countries cannot help us at all. Corona has come to stay, let us accept that and strengthen preventive measures that will not deprive the rights of others and destroy our economy. Let us establish a permanent program or commission like that of NAC for HIV to manage the pandemic systematically rather than these task forces just interested in allowances nothing else. Stop scaring us with the nation with these daily updates as how many are affected, recovered, died etc, many people are already dying in hundreds each and everyday without such announcements. No death is special than the other!! This new administration should approach covid 19 in their own style and not just getting usual reports from John Phuka and his team!!!

    3. Tanzania people are dying like flies. What is there to learn. Choose proper examples like Uganda

  16. If I was the Chair of the task force on COVID-19, I would refuse to retract the directions given to protect national public health based on this shallow legal advice. Lawyers do not control or fight diseases, doctors do. Our big headed judged should know their limits and the costs of their inappropriate judgements. They got inept Lazalo and his gang of crooks in power, they should not be allowed to waste Malawian lives with their myopic judgements. enough is enough.

  17. This task was supposed to have been done by the former AG. Yet he run away from his responsibility and dedicated himself to serving a very corrupt regime. So sad that some of us Malawians do not want to think beyond our noses. There is nothing wrong in Silungwe’s directions.

  19. In short this article is advising Malawians to live a normal life regardless of the covid19 pandemic until the court lifts the injunction. Then why are the schools not being opened? Was their closure not one of the stricter measures to contain the spread of covid19.

  22. This back and forth approach to controlling a pandemic is dangerous. One would think that these sections of government should first consult with each other before such directives are made otherwise how do you withdraw the measures from the public. The public will never take government seriously regarding the disease. Meanwhile, the disease continues to have free access. Please let us put these things in order and treat this issue with real urgency it deserves.

  23. The Ostrich syndrome politics cannot save citizens from the devastating effects this pandemic is going to unleash on them. Wake up, look around you; all other countries have been shaken to the core. And those doubting Thomas leaders are only finding out that denial and wishing it away does not stop the virus infestation.

    Delays to the lockdown means the population is already and continues to be infected; the country is a huge incubator waiting to erupt! As such, measures for containment should include extensive infrastructure investment in Intensive Care Units and hospital capacity. Failing this, the hospitals will be overwhelmed and a totally hopeless catastrophe will ensue. Civic duty of burying the dead after the fall and the massive waste of life will be etched in the history of a nation that ignored good sense and risked it all!

    Covid-19 doesnt choose among political affiliation. Some of the best advanced and prepared states have all registered heavy population losses even under lockdown. Look at Brazil, USA, India, Italy, Spain, France, Iran, China, South Africa…they have all been touched! This is a war no state can win without sacrifice of lockdown to contain the spread!

    Have a common sense approach guided by scientific advice, not business and political corruption!

  24. Attorney General a good number of us understand the need to respect the courts, nevertheless we are expecting you to move the courts to make judgement before things go out of hand. We have the virus with us. Waiting for your action to move the courts. All the best Dr Silungwe

  25. Koma yes ziriko. People have been hospitalized and some r dying every where, including those that said there was no covid.

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