Lawyers for Human Rights Defenders Coalition (HRDC) say they will successfully argue in the Malawi Supreme Court against Attorney General Kalekeni Kaphale appeal on Judge Kenyatta Nyirenda’s ruling on dismissal of application of an injunction on the ban of protests.
Khwima Chiza, lawyer for the HRDC has said the appeal grounds do not hold water.
“I have seen the notice of the appeal in social media. We will easily challenge them in court,” said Chiza.
The Supreme Court of Appeals is yet to set date for the hearing of the appeal case.
The application for the Attorney General notice 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 AG also says the judge erred in failing to find that the demonstrations in issue are unlawful and therefore not covered under section 38 of the Constitution.
“The learned judge erred in fact and law in bolding 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.