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.

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.