Attorney General withdraws challenge against Malawi lockdown injunction

Attorney General Kalekeni Kaphale has withdrawn an application to the High Court to challenge   an injunction obtained by Human Rights Defenders Coalition (HRDC) stopping implementation of a three-week national lockdown to curb coronavirus.

Kaphale:  Government has withdrawn from contesting the lockdown injunction and let the Judiciary do the right things considering the circumstances we are in

Government through lawyer Neverson Chisiza from Attorney General Chambers on Wednesday filed a sworn statement with the High Court of Malawi Lilongwe District Registry in opposition to the injunction restraining government from imposing a lockdown.

But while High Court judge Kenyatta Nyirenda was set to  consider the matter during the inter parte hearing on Friday, Attorney General has withdrawn and  said government will not challenge it.

In a notice of withdraw dated April 23 2020 to court seen by Nyasa Times, Attorney General states that they have “carefully considered their position, and no longer desirous to argue any application to vacate the interlocutory injunction or to be heard.”

The notice also states that government is no longer desirous to contest the permission to move for judicial review.

Kaphale, who is government’s chief legal adviser, said they have withdrawn the challenge as the Executive trust that the Judiciary will do “the right thing” based on the prevailing virus pandemic crisis the country is in right now.

He said “the fact that the virus is out there and spreading quickly is very self-evident.”

Kaphale said they had initially filed to vacate the injunction but after reflection government decided that it should not waste precious time in court urging when it is obvious out there the threat to human lives.

Some concerned citizens including Members of Parliament Esther Cecilia Katumba and Monica Chang’anamuno and civil society organisations including HRDC and Church and Society of CCAP Synod of Livingstonia successfully obtained an injunction blocking government from effecting a national lockdown.

They argued that more consultation was needed to prevent harm to the poorest and most vulnerable of society.

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 with President Peter Mutharika saying if authorities were not careful, up to 50,000 lives could be lost.

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Citizen Number 1
Guest
Citizen Number 1

Tamva kale zomwe kaphale kanuko kakuopa ndiye musatinamizepo apa!

Tembo
Guest
Tembo

Good decision AG. Kenyatta asovenge – mutu umukulira.

The Knight Templar
Guest
The Knight Templar

Whether it’s a tactical withdraw or mere frustrations, the bottom line is that it doesn’t make sense to continue fighting for a case which is technically rigged in favor of the applicant. I would do the same if I were Kaphale. The nuisances in the judiciary are seriously appalling. I shame the current set up.

Mtonga Mwana
Guest
Mtonga Mwana

SC Kaphale, SC Jane Ansah and Prof. President losing every case kkkkkkkk koma abale. Pitani mukalime basi.

bandafred9@gmail.com
Guest

ACHITSILU AWA.UNALEPHERA MULANDU WAUKULU UJA NDIYE UNGAWINE KAMWANA KAMULANDUKA??

Llhomalo
Guest
Llhomalo

Kodi ngati ndi Pitala yekha wachita soni angakhaenso MDF yachita manyazi

Muroma Mmora
Guest
Muroma Mmora

The injunction did not stop the spread of corona virus but it was surprising to hear people celebrating HRDCs injunction, not knowing it was risking their very lives. No politics. Don’t underrate the danger of ignorant people.

Chinsapato cha Mrs Chakwera
Guest

Nyau ndikuzavina kuzavina pamenepaja. Fumbi mbwee. Ndikuzavina azimayi Kuyimba mokweza. Gule ndikuvina kuvina kuzadumpha m’malere. Kuzagwa pansi kuti phwaaa!!! Wamaayooo!! Ndakhalira phwala! That will be Chakweras fate. If he’s careful Chakwera must start wearing underwear. Stop this nonsense of politicising everything or risk becoming like John Tembo. 85% of Malawians are in rural areas and are closely watching. Not his paid vendors, actors and HRDC goons. Real Malawians with real issues. People with no access to even a clinic or health Center. People that don’t eat politics.This is how Bingu won his second term in landslide the people saw through… Read more »

Dada
Guest
Dada

Good move AG. Don’t waste time with useless judges. Leave them. They can extend the injunction as much as they want until corona-virus infects and kills one of them people (MCP, UTM, HRDC, judges)

INSENSITIVE GOVT
Guest
INSENSITIVE GOVT

Kaphale actions demonstrate that he is not serious,he must be removed as AG by tomorrow.This is total no sense, instead of telling poor Malawians out there about the improved measures that the stupid DPP Government has put in place to cushion the poor informal traders ,this is all what Kaphale can say?????What has Government done in the past six days that the injunction has been in place?If the caretaker DPP Government can be this helpless and hopeless, mere jokers and propagandists at this critical time of the deadly Covird 19, let Peter and his DPP get out of Government, Chakwera… Read more »

Mwakomanonse Bauleni
Guest

Eh amwene mwadya inu si banzi koma chi Bin Laden eh. HRDC/ supported by Mcp and Utm put an injunction to tie governments hands. Any governments position anywhere in the world, does not negotiate with terrorist or blackmail. What is wrong here? you want government to come to the table because of scare tactics by the opposition. The Ag is right. Let the injunction stay. It will lift itself up. Kenyatta himself will lift it.

Umbuli wachuluka pa Malawi, people not taking this corona seriously but a time will come when it can’t be ignored. Until that time.

Prescott Tambuli
Guest

Iwe insensitive Government, Chitsiru iwe. Who do you think you are, wa nyau iwe? People out there are getting infected day in day out. What do you think the injunction can do to those helpless Malawians? Is it going to save them from the wrath of The Covid-19? Perhaps it will be ideal if the ”so called Judge Nyirenda” and his entire family and of-course you idiot with your entire village catch the virus and die quickly so that others can learn a lesson. Assuming it was a civil war did you expect to go to court to obtain an… Read more »

No 🔒 lock down pitala
Guest
No 🔒 lock down pitala

Mayooooo bambo wachita manyazi apa game yakhula….. Thanks Mr kaphale stop doing things for other it will end up putting u in shit…. Stop

Mwakomansonse Bauleni
Guest

Shows you have a poor grasp of issues. The brilliant tactic by the Ag has gone above your head and comprehension. This is called tactical withdraw read the art of war by Sun Tzu

Chinsapato cha Mrs Chakwera
Guest

Umbuli.you have missed the whole point. Read comments maybe you will get it

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