High Court order in demos overshadowed by Supreme Court ruling

The High Court order restraining government and Malawi police from stopping Human Rights Defenders Coalition (HRDC) from holding nationwide demonstrations has been overshadowed with the moratorium issued by Supreme Court of Malawi retraining the civil society organisations from holding the protests.

Lawyers in court

Supreme Court issued the moratorium after the High Court in Lilongwe had granted an order for permission to commence judicial review proceedings and an interlocutory injunction against a decision by Minister of Information, Mark Bottoman, Minister of Homeland Security Nicholas Dausi and the Inspector General of Police to ban the demonstrations.

Lawyer Khumbo Soko representing HRDC on the High Court said Supreme Court is  the superior court in Malawi and it’s orders are respected as an authority in all judicial matters in the country.

Soko explained that there were two file processes in the court; in other case, the Attorney General went to the court to apply for an order to ban the demonstrations and the High Court rejected that plea, he then made an appeal to the case, and the Supreme Court decision of  granting a 14-day moratorium against demonstrations in Malawi J was based on that proceeding.

Soko said the High Court judicial review proceeding which commenced Tuesday  was independent of the Supreme court process and was challenging the decision that was made on Monday, August 26.

“But then because the Supreme Court is the highest court in the land, we would think that if it has said that there should be a moratorium on demonstrations, the order that the High Court issued earlier has been overtaken by that order and there cannot be demonstrations until that period elapses or is revised,” said Soko.

The moratorium paves way for the HRDC, the Malawi Police Service and local government assemblies to discuss and agree on security modalities aimed at preventing property damage and personal injuries during future demonstrations .

The Government will use the ensuing deliberations to see how prepared the HRDC is to deploy its own marshalls or crowd controllers to avert incidents that have so far marked each and every one of their outings on the streets of Malawi.

Government contends that the country should not continue to allow these violent protesters to make use of the constitutional right to protest to  conceal the ulterior motives of opposition parties fronting the HRDC.

 

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
21 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Yemweuja
Yemweuja
2 years ago

Amtambo remember to bring 0.5billion yomwe mwaononga kale pamene mukubwera kuzokambilana za momwe mungapangire Demo mtsogolo muno apo bii musabwere!.kikikikk..koma milandu iyi ukamatha ambirinso atha ngati makatani..mwamputa nokha polofesa..kenako muzangomva the case has been throughn out of court for lack of evidence.

Jochi
Jochi
2 years ago

Mwawathila madzi ozizira odandaula za chisankho# 62% pitala ndi Jane akunva kukoma ause mpaka zaka five wooooh anawa achepa auzeni zochita nthawi ndi yanu DPP baaaa

Kishombe
Kishombe
2 years ago

Send a thief to catch a thief. HRDC will be forced to employ and deploy its thieves to catch fellow marauding thieves. This judge is very intelligent, me love it.

Ignatius
2 years ago

I question the integrity of some Judges who are presiding over cases involving HRDC IN Lilongwe supporting violence instead of peace, may be they are Burundians

John Gray Gufa
John Gray Gufa
2 years ago

Praise God. May the Almighty God bless the ones that have saved lives and property of poor Malawians from destruction.

apwiya
apwiya
2 years ago

Matama onse mukapanga during your press conference aja overshadowed by the ruling . It was an interesting press conference where journalists were even laughing at the HRDC gurus for lacking direction. A Mtambo ( from Burundi) kukanika kulankhula Chichewa and yet he claims to come from Rumphi . It’s good your stupid Lawyers realize that Supreme Court ruling is supreme. No demos for 14 days mpaka mulembe ntchito ma bouncer anu. Ndalama mwadya za Sidik Mia mubweza. Shame on these guys. Muyerekeze kubwera pa nseu muone boma kuti limatani.

Sato
Sato
2 years ago

The agenda for change is driven by people and the courts are always on the wrong side of events. Let advise the courts to tread carefully.

Chilaz
Chilaz
2 years ago
Reply to  Sato

AS WHO?

Sugar
Sugar
2 years ago
Reply to  Sato

ITS NOT MTAMBO, OR TRAPENCE BEHIND THE DEMONSTRATIONS ITS THE PEOPLE OF MALAWI ,.
DOES ONE GET PERMISSION TO EXCERCISE ONE’S RIGHT ?

Does one ask for permission to fight for ones right
?

DRAKE
DRAKE
2 years ago
Reply to  Sugar

Iwe which people are you talking about? Do you know that 75% of Malawis people are against the Demos, if Criminals, Rascals and disgrunted people jam the Streets of Lilongwe and Mzuzu does not mean its all Malawians. HRDC has only managed to cheat the urban dwellers and some few districts in the central and North.

Richie
2 years ago

HRDC should surely employ Marshals to protect property
I think they will create jobs

Chilaz
Chilaz
2 years ago
Reply to  Richie

KKKKKKKK

Chirima
Chirima
2 years ago

VERY WISE DECISION FROM A VERY WISE JUDGE!!!!

CHAMSANGA
2 years ago

THAT’S NYASALAND TIPPEX TIPPEX TIPPEX ! EVERYWHERE WE ARE DOOMED / CURSED !!

Read previous post:
Supreme Court of Malawi stops HRDC demos: Issues 14-day moratorium

The Malawi Supreme Court of Appeal has issued a 14-day moratorium against the Human Rights Defenders Coalition (HRDC) from holding...

Close