Attorney General files appeal against ruling on demo injunction: ‘Judge erred in law and fact’

Attorney General Kalekeni Kaphale has appealed against Judge Kenyatta Nyirenda’s ruling on dismissal of application of an injunction on the ban of protests.

Kalekeni Kaphale the Attorney General: Appeaks

However, the controversy over the appeal is that the application shows it has been filed by the Malawi Electoral Commission (MEC).

MEC is not party to the case.

The application of the appeal reads: “Take notice that the appellant being dissatisfied with the ruling of Honourable Justice Kenyatta Nyirenda dated 6th August, 2019 do hereby respectfully appeal to the Malawi Supreme Court of Appeal against the aforesaid ruling upon grounds set…”

Among other things, the Attorney General says the judge “erred in law and fact” in failing to consider that the balance of convenience in circumstances lies in favour of granting an order of interlocutory injunction.

“The learned judge erred in fact and law in Holding that the injunction being sought herein preempts the remedies sought in the main action,” reads the appeal application in part.

The Attorney General says the very clear of violence during the demonstrations should have been taken into account by the judge to find that the demos are unconstitutional.

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Teleza
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Teleza

Awa a attorney general awa Mulungu awapatse khate chifukwa choyikila kumbuyo anthurium okuba a DPP chitsilu chamunthu Kalekeni DPP yatha iyi stanza za party kuba zilizonse

Gee
Guest

Kalekeni Kapwale

Nkhuzi
Guest
Nkhuzi

The courts do not make laws, they rather interpret the existing laws. I hope this is just a matter of pretending to be doing a good job for the executive. Something is seriously wrong here, where we have a president who is a Professor at Law and being cheated by the learned AG on use of courts

Fake Petros
Guest
Fake Petros

Hr is this careless because he knows he not the one BEARING the COSTS directly. The director of public prosecution in South Africa Busisiwe has stopped this nonsense. She is paying incurred costs from her pocket. Only in Malawi lawyers can be so careless taking up a case they pretty well know they have zero chance of winning.
They have this luxury at the expense of a poor taxpayer

Agenda Setting Theory
Guest
Agenda Setting Theory

Kalekeni Kapange Appeal

Kado
Guest
Kado

Akaphale akukutumaniyo akupweteketsani. Malamulo mumawaziwa bwino nde awo akukunamizaniwo akupweteketsani may be you don’t no. Pitala ndi a MECMalawi uyu sioseweretsa mwanva?

M'Malawi
Guest
M'Malawi

The Constitution that provides for first-past-post procedure for electing State President (for which DPP has been beneficiary) is the same Constitution that provides for right to demonstrate, unless it is reviewed. So the “status quo holds good” says Judge Kenyatta. Shuwatu zisamakomere mbali imodzi zikakhala kuti you are the disadvantaged party ndiye phokoso mbwiyache Kaphale

6 August
Guest
6 August

A Kaphale notice of appeal tawona ife ndi ya Electoral Commission as a filer. Yanu.sitinayiwone

Kapado Chimulirenji
Guest

There is no way the demos can be unconstitutional In Malawi when the constitution itself grants the citizens the right to demonstrate (if you like peacefully). If violence is the epicentre of the argument, then it remains the government’s responsibility to ensure that violence does not occur during the demonstration. Teargassing the protesters is not a crowd control measure, but provocation, resulting in violence. The government simply wants to use violence as pretext to curtail people’s right to demonstrate. Let me warn DPP that the path it is taking is dangerous for our democracy because one day DPP followers who… Read more »

Mr Truth Pains
Guest

Kkkkk koma ya, demos won’t be unconstitutional, it is the supreme law that protects the right to demonstrate

So no matter what people will keep on exercising their constitution right till the parliament can change it otherwise.

Aalex
Guest
Aalex

Why can’t Mr Kaphale advise the president to fire Ansah?