Covid 19 mandatory vaccination inter parte hearing adjourned

Judge Kenyatta Nyirenda of the High Court of Malawi on Monday forwent his holiday to start hearing submissions in a case in which the Centre for Democracy and Economic Development Initiatives (CDEDI) and a concerned citizen, Mundango Nyirenda, are challenging the government’s proposition for the mandatory Covid-19 vaccination for some sectors.

The inter partes hearing follows an application CDEDI and Nyirenda made before the Lilongwe High Court on December 25, 2021.

Namiwa- troublemaker

In his submission on behalf of CDEDI and Nyirenda, lawyer Oscar Taulo said until now, Covid-19 vaccine is just an experimental; hence, it should not be taken seriously.

“Coronavirus vaccine, all the vaccines, are short term and not yet been approved by health authorities therefore cannot be forced on people,” Taulo said.

But Attorney General (AG) Thabo Chakaka Nyirenda described Namiwa and Nyirenda as troublemakers who have nothing to do with health issues and who cannot stand on behalf of Malawians on health issues.

Judge Nyirenda has since adjourned the case to the later date. Last week, Chakaka Nyirenda described as baseless an application for permission of judicial review and an injunction stopping government from implementing mandatory Covid-19 vaccination to some groups of people.

The AG argued that CDEDI and the journalist had sued wrong parties as the Office of the Attorney General and the parliament have never made a decision for mandatory Covid-19 vaccination.

The AG also said the Ministry of Health is an improper party to the case, as no decision has been made and implemented yet.

He said the law provides that one does not commence proceedings on future events but one can only commence proceedings on things, which have happened and have caused a injury arguing CDEDI has not suffered any injury yet.

Secondly, Chakaka Nyirenda said there is nothing unconstitutional about vaccination saying the constitution only bars forced medical experiments or trial saying that vaccination is not a medical experiment or trial.

He further said the constitution does not talk about vaccination. He added that human rights have corresponding responsibilities insisting that there is no human right that is superior to the other.

“Plus, there is evidence that the vaccinated stands a less chance of infecting others and getting infected. If one says that he or she has a right not to be forced to receive the vaccine- he or she has also a right not infect another person with a virus,” said the revered AG.

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President Mkango Chisokonezo Manthakanjenjemereza
President Mkango Chisokonezo Manthakanjenjemereza
12 days ago

The logic behind the forced covid vaccine baffled a reasonable person basing on statistic. Covid has killed 2200 people for over two years. Whilst malaria has killed more people and also TB and aids. The logica thing for the government is to have forced BCG vaccination, forced netting and forced ARVs. For they are more serious to Malaw than covid. Further there is a fallacy in the argument taken above. The parliament mentioned its intention so is the Ministry of health. Taking the precedent from other laws like hate crime etc. one can be sued for the intention. e;g. wipping… Read more »

Sylvester Kalumbi
Sylvester Kalumbi
12 days ago

In that case, you sue the Ministry of Health, or sue the Parliament. So, the AG will be coming as Lawyer for the defendants. Where you explicitly mention the AG as defendant, it literally mean you have sued AG office.

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