Experts warn of lockdown ‘catastrophe’ in Malawi
Legal scholar, who is also Dean of Law at University of Malawi’s (Unima) School of Law Sunduzwayo Madise, has said the coronavirus (Covid-19) measures which Minister of Health Jappie Mhango has published in the Malawi Gazette – official government publication- including a nationwide lockdown should not be involving curtailing of people’s rights and freedoms.
In the notice, Mhango, who is also chairing the Special Cabinet Committee on Covid-19, says: “In exercise of powers conferred by Section 31 of the Public Health Act and pursuant to my declaration of coronavirus disease as a formidable disease on the 1st day of April 2020, I Jappie Chancy Mtuwa Mhango, Minister of Health, make the following rules….5. Certification enforcement officers…11 Lockdown.”
Nyasa Times on Sunday reported that the country may enter into a 21-day lockdown starting this week as a measure of limiting the spread of the virus pandemic
But Madise writing on his Facebook page where he has been very influential as a mover and shaker of public opinion in matter of law, said a lockdown imports martial law.
“There is strict limitation of citizens rights including movements. The military and the police typically take over, patrol the streets and enforce the lockdown, except those who are allowed to move, the country is essentially under house arrest conditions. Everything grinds to a standstill,” he wrote.
Madise, who is also in the seventh Cohort of Commissioners for the Malawi Human Rights Commission (MHRC), said the rules which Minister Mhango has published in the Gazette are subsidiary or secondary legislation while primary legislation is the public Health Act.
“Most primary legislation has provisions in which Parliament delegates its authority to, usually a line minister, to promulgate subsidiary legislation.
“The principal of law however is that you cannot change the scope and power if primary legislation through secondary legislation,” he commented.
Madise said outbreak is a serious issue demanding action from the Head of State and not rules by a Cabinet minister.
The Dean of Law said he was not against lockdown measure but wants to ensure that “we arrest this demon [curtailing people’s liberties] it its tracks.”
Madise said to have subsidiary legislation limit constitutional rights would be tantamount to amending or limiting the power of the Constitution of Malawi “via the backdoor.”
He schooled government that the right law to deal with such drastic measures like lockdown us Declaration of a State of Emergency by the President under the Constitution, not rules made by a Minister.
“This is a serious issues which needs the full power of the law in dealing with it,” he said.
Declaration of State of Emergency is made through Parliament’s approval “only in times of war or widespread natural disaster”, according to Section 45 (2) (c) of the Constitution.
Meanwhile, University of Malawi economics professor Ben Kaluwa has said the coronavirus lockdown could be a “catastrophe” for the country’s economy.
He said businesses are going to fail, livelihoods are going to be damaged in a lockdown.
“We have seen lockdown paralysing economy in Italy, China and other countries and this cannot spare Malawi,” he said.
The coronavirus lockdown is already delivering a hammer blow to the economies of countries such as South Africa, Zimbabwe , Uganda and Kenya.
But minister Mhango said the priority for government is to protect people’s lives and then subsequently protect their livelihoods.
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The author used the word “Catastrophy” as elaborated what are considered experts,in what? Thats nonsense. For instance, you cant call Madise as an expert when you are talking about health issues. In this issue, Madise is just as good as a carpenter or a builder etc, ndiamodzi. It looks people are being stupid with their views on the virus, may be beacuse not many have lost lives in Malawi including their relatives. The same happened with HIV/AIDS, people realised it after it had entered their homes. Dont forget that Madise is purely pro opposition, anything that the government does is a bad thing.to him. Professor was economics, thats understandable because thats his side, not a Madise, corrupt lawyer. Its a matter of having a lockdown catastrophy or decide to have catastrophic situation. Mind you, protecting lives in the key, you make money when you have life, dont be cheated. All what people are talking about against lockdown, is just being myopic. Do what you want to do and you will see the result, dont say the government did not advise on what should be done, take note of the poor health systems in Malawi and the way you want to conduct yourself, uzionera wekha. Generally, the action taken by health experts may be hurting but for a good cause and save lives. Finally, generally our reporters have a problem, they ask wrong people when they want information or views, for instance, they will rush to Madise when they want views on agricultural productivity or soccer in Malawi or even breastfeeding issues, c’mon !!! Direct your attention to the right people or professionals!!
APM is a Satanist who is prepared to shed blood. Malawians are clever and peace-loving. They have evaded all his plans to spark civil war in Malawi. This cannot happen in West Africa, DRC, North Africa. We will continue evading you and avoid war until you get out of that seat.
This lockdown is for people in the south. The center and the north will have life as normal.
Madise could be right… ponder this how does one effect lockdown in say Ntandile, mchesi, chezi chiputula, Kasalika, Bumba in Rumphi, Chikwawa in Rumphi , Chamama, Malomo, Nkhamenya for example, Bolero, khwawa in Karonga, The worst place Dzaleka Camp check the congestion there Chilumba, chitete in Kasungu, Kwa mbiya, Santhe, mbayani,sigerege, and other conjested locations, where they use communal pit latrines, washrooms, how about food arrangements? thats where the effects of liberties Madise is talking about comes from. Unless we strategise these properly we could end up in rioting and demonstrations!
I live on the peripheral of Ndirande and I can foresee rioting and demonstrations: These people live by the hour. Just a load shading of electricity within few hours brings disaster now 21 days. The government must put measures in place at least minimal to keep people alive in their homes or …
Does this government protect its citizens or abuse them? Since when have we ever seen dpp protecting its citizen? Chamba eeti!
Whatever you set to confuse people, minister this, state president that. Is good for u not local Malawians. Leave us alone or became the president ur self.if lock down even it meant to save a single life of a Malawian. It is essential to us all Malawians who lives real life out there. Not those who takes people’s life unto puzzle board!
As much freedom as ppsible as many restrictions as necessary
Freedom and rights leading to death. Kodi ma lawyer anthu onse ndi a human rights basi
This is total garbage. I have noted more feaces are coming from Chanco may because schools closed and they have lots of free time to share their feaces.
Madise ni chindere chakufikapo. Can’r stand his loud-mouth in the media everyday. Stupid thief from Chanco
this guy is partially mad. what is his best arrangement in this that the masses cannot get the virus and go on with our businesses as usual?
as painful as some decision may look it is necessary to undertake them in the future even madise will appreciate.
He is not against lockdown, he is trying to let government use the right procedure to avoid creating unnecessary confusion. If we use the act to announce this and another business man is caught doing something to contray, he may hide behind this gap. When a judge is brought for his service, the suspect my get away with it, and the public will be dissatisfied with the judge yet the government goofed from the beginning
Amene mukuyila kumbali lockdowm India DPP skudziwa zonse akupangira lockdown koma Muyambe mwakonza ndondomeko ya mmene mu wasamalire a Malawi amene meankhala mukuwazunza zaka nzonsezi ndani sakudziwa zolinga zanu
Iweyo yuyambe Kaye wafotokoza kuti popanda lockdown in a business as usual situation udzapanga zotani kuti mthendayi isafalikile komanso wina asafe nayo. Fool total fool!!!!!
Madise, can you watch BBC, Sky and CNN to see what Corona-virus can do.
It’s not a question of watching what Corona can do, rather it’s a question of understanding the unique nature of Malawi. Most of our people live on what they make that day. What will they eat for 21 days when they are confined to their homes? Many more Malawians will die of hunger and thirst in their homes than those who would die due to Corona. Think of kabaza riders, minibus drivers, market traders, vendors, piece workers, etc etc On Saturday APM said Malawi cannot use a template from other countries, just 3 days later he goes ahead and adopts a template from the USA, Italy, RSA etc. Does this make sense to you? Yes, Corona kills, but poverty kills at a greater scale than Corona. Social distancing while maintaining much of normal life would have made more sense…
Ayobe you are right, in fact a starving Malawian will even lose the sense of direction much faster than he/she is currently. DPP hates chewas and tumbukas. They killed 20 in the north and now pretending to be caring. Do not hide behind corona. You cannot apply impulse-driven decisions for the ostensible reason of trying to save life. A prostitute also plies her trade in prostitution to save lives of her children or siblings. Would you recommend prostitution as the answer for the sake of saving other people’s lives? Will it be sustainable? Kulimbana ndi mipingo koma osapita kwa Santhe, Kasiya, Kabudura, Nsaru etc. People are living a normal life and more vulnerable to corona virus attack.
koma guys ndale zatisokoneza basi. any decision will have implications apa.
al jazeera too
When we say a Tumbuka amangodzipopa kuti ndi anzeru, ndi zimenezi. Moyo ndi chisankho chofunika ndi chiani?
Lions are not moved by the opinion of sheep. Asiyeni iwo azingosokosa. Azingododedwa ndi chigawo chapakati ndi kumwera until kingdom come
A lockdown is necessary to stop the virus from spreading. UK, Spain, Italy, USA delayed effecting the lockdown and now they are suffering the consequences.
I think he must go back to Nyasa Big bullets
So you are comparing yourself to those countries?we just received free check of $4900 and minimum per house hold is $1200.Are you getting that in malawi?
Ine law yoyambila pa chanco kukayikitsa heavy, why has chanco trained so many crooked lawyers, lawyers swindling their clients, shooting govt budget directors, or midnight bail lawyers and judges, judges who can save the risky Chinese from being deported. Yes the lawyers may have left chanco and continued studies elsewhere but the fact chanco was the foundation leaves them prone to useless reasoning. Iyi Covid19 siya masewela, very strange why crooked chanco lawyers are issuing contrary opinions.
so sad
Amakonderana onse ambwenu mbwenu kumangopatsana Mark’s no hard work chifukwa kena kaja kanali forced to resign after sexual abuse complaints. No prosecution saving wakwithu from disgrace
You are talking about a very smart guy here.
In Malawi people live hand to mouth. Already people are struggling because of the limitations that currently are there. Many will die due to hunger than Coronavirus and will be a disaster. Amene mukuyikira kumbuyo lockdown muli ndi chilichonse kotero simudzavutika koma amene amagulitsa mandasi akatero akagule ufa pa msika ali pangozi yoposa COVID-19.
Ndikugwirizana nawe Tadala.
Chovuta nchiyani kungochepetsa mayendedwe osafunika. Ukamayenda nkupatukira patali anthu akumaseka ngati ndiwe chitsiru. Amenewo ndiye akufuna lock down. Dikirani tione maliro anthu akufa corona isadawafike.
So let everyone else die of coronavirus is what you are implying? Look around the world ku India Zimbabwe and even Uganda people have had to go back kumudzi. It’s not a joke
ManY countries have the same problems Malawi has, but they have copped. We will too. Lockdown is the only way, it’s the only proven and feasible method of constraining the spread of this virus. Countries who have been stubborn about lockdown, have paid a huge price like America, Spain and Italy.
My fellow malawians,
This thing called ‘lockdown’ may be necessary to contain the spread of covid19. However, this thing will hurt us the most economically. To begin with, most malawians’ economic status is very low. We leave on a ‘hand to mouth’ income which we get through employment or business. Most of the time we leave in economic misery as if there is a a lockdown. We are economically stressed and distressed and only survive by shear grace of GOD. A nation in such a predicament cannot afford a lockdown.
I, therefore, propose the following containment measures:
1. Stop inter-district movement by imposing district or city lockdowns, i.e. if you are in Blantyre stay in Blantyre, except on emmergencies and movement of supplies.
2. Enforce institutional quarantine and stop this nonsense called ‘self-quarantine’
3. Begin door to door diagnosis to detect infections in the early stages for proper remedies.
4. Declare a national day of prayer and fasting to seek God’s help in this and the President to lead.
May God bless our land Malawi.
wow
great
Who will bear the cost of institutional quarantine? Are Malawians willing to pay because in Kenya and Uganda people are being forced to pay and even being threatened with jail. Governments simply cannot afford it. When cases get to even 1000, you may need to quarantine even 100,000 people and can government afford it? That why countries are self isolating .
There are lots of countries with huge populations of poor people than Malawi for example india with 73 million people in extremely dire poverty. That’s like 3 full African countries. We will survive, lockdown is the only way. Countries that failed to take corona seriously have paid through the nose
Very true, we are all focusing on lockdown, economy etc but forgetting God of the universe.
We need to humble ourselves before our Maker as individuals, as families and as a nation. God will intervene and we will know for sure what needs to be done.
Let this law expert watch what is happening in USA and will realize the gravity of the situation we are in. There is a difference between being an academic and being a practical person. He is simply transferring what he learnt at varsity and not measuring what is really on the ground. Sir don’t mislead people, this needs even you to join hands with the citizens to arrest the situation. Am sure we do need your legal opinions but not this time but another day. If we need to give up some freedoms because we need to curtail the spread of Corona Virus let it be so.
Let it be known Madise is a former convict.He was convicted for chewing SULOM funds some years ago..
This stupid judge.. a fool in robes and wig.Nepotistic, tribalistic, corrupt,treasonous imbecile. Mr 50+1.
He thinks he will run Malawi through the jack door. Watch and learn what democracy is. You cannot force your tribalistic will on Malawians.
Ah munkhululukile mmalemba NtA Nkhuta mowa ati, napepe just saw the name madise basi. Judge uja amandiyabwa.
Have you fully understood what has been written or what Madise is claimed to have said. Even in UK to deal with COVID19 new legislations had to be passed in parliament, you don’t just wake up as a committee and make rules. There has to be legal backing. Anyway, ndiwe Mtondowodowoka, I can understand your reasoning
Cholinga mukane. What about in SA
How can they understand what has been written? They rush into conclusion without understand the context. If you have people who are blinded by evil therefore don’t be surprised with their line of thinking.
I think the blue camp is more tribalistic than the traditional tribalists themselves
Mbuli
You are the one showing your 100% stupidity by spitting irrelevant rubbish here. Is Sunduzwayo a judge?
Walakwa chani to say all these things? His opinion kaya iweyo just counter argue and behave like a savage
Akulu kulalata kumeneko nkhani yake iti? Madise akungofotokozera za Malamulo zili kwa inu ngati Cadet kuzitenga kapena ayi ,tikukuziwa kuti mumadyera nomwemo ndi DPP koma nkhani iyi sixikugwilizana ,mutsathe mau ,Choyambilira ndinu mu Malawi kaya munabadwira kwa Goliati kaya kukameme ,makolo anu sanachite kipanga apply, ndimmene mulungu anafunira ,polani moto
Amalawi tisasewere ndi Corona virus. Mzakanika kupita kokavota mubale wanu maliro Ali nyumba
its not about cadets or politics but ,, the wrong timing of applying his so called baseless law chani chani
Even those representing Nyekhwe are thieves.