Judge Kenyatta did not suspend coronavirus from spreading in Malawi – Kaphale

Attorney General Kalekeni Kaphale has said High Court judge Kenyatta Nyirenda who  on Friday granted a temporary injunction against the government’s 21-day coronavirus lockdown period pending a judicial review within seven days,  did not issue an order against the virus to stop spreading.

Attoney General Kalekeni Kaphale: Government yet to come up with a position on whether to challenge the granting of leave for judicial review and the injunction

Kaphale said government is yet to make a decision on whether to challenge the injunction obtained by Human Rights Defenders Coalition (HRDC), which argued that more consultation was needed to prevent harm to the poorest and most vulnerable of society.

“We only lament the fact that the virus spreads quickly in communities that are not socially distancing and are not on lockdown,” said Kaphale.

“In the seven days that the judge has given for the inter-parties hearing, he did not issue an order against the virus to stop spreading,” said the government’s chief legal adviser.

Kaphale continued: “If the pandemic accelerates in the seven days given, the nation knows who to blame and for a fact, it will not be [the problem of] government.”

President Peter Mutharika has cautioned that if authorities were not careful, up to 50,000 lives could be lost to the virus pandemic.

In the days leading up to the court order suspending lockdown, vegetable vendors and other traders took to the streets nationwide to protest. Many have said that coronavirus poses less of a threat than hunger.

The Covid-19 outbreak comes in the midst of an intense political crisis after the Constitutional Court cancelled Mutharika’s his re-election last year and  ordered a fresh elections which has been slated for July 2.

An appeal by the President and Malawi Electoral Commission is at the Supreme Court of Appeal which will be determined likely this month end.

Malawi is one of the 16 landlocked nations in Africa, sharing borders with Mozambique, Zambia and Tanzania.

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Alex mgeni
Alex mgeni
3 years ago

How many have tested posive after the injunction? Osamapusa anthu inu. Anthu ovutika mmalawi muno muwagayila chakudya inu? I doubt. Kulimbikila lockdown komaso ndinu owumila. Zopusa basi.

Flamingo
Flamingo
3 years ago

Kodi Kaphale akunama? Has HRDC stopped spread of Corona Virus? Kudana mchilungamo!

The Knight Templar
The Knight Templar
3 years ago

Kaphale with all sanity is frustrated with the glaring prejudices of these men of the bench. Any learned person will objectively see grey areas in the judgements pronounced by these men. Literally in some of the cases the principle of stare casis is thrown out. There is no where in the world a lower court overturns an outright precedent set by an appeal/supreme court. Yet here in Malawi the judgements aside politics are very questionable.

The only blindness is that we are reasoning with political eyes to clearly see the mistakes these judges are making. It’s a shame

No 🔒 lock down pitala
No 🔒 lock down pitala
3 years ago

I wonder dpp cadets are still moving around while their president commerced them to stay home what is kaphale doing out side “👀👀👀👀👀🔐🔐🔐🔐🔐🔐

kamphandila
kamphandila
3 years ago

Mr Kaphale,at what percentage rate will you blame Kenyata since you sre good at quantifying mistakes.wake up kalekeni you are big man stop sleeping

No 🔒 lock down pitala
No 🔒 lock down pitala
3 years ago

First I saw kaphale I thought his a real genius but now I realized his MAD how can he say judge kenyata & HRD supposed to stop the spread of the virus is his apolongata working.

Viper-synch
Viper-synch
3 years ago

Kaphele uphetsa DPP

Zio ine
Zio ine
3 years ago

Why other countries are protesting on similar grounds but they have not been foolish to go to court.

TooLegitToQuit
TooLegitToQuit
3 years ago

Kaphale speaking like a politician. It just shows that he is confused. Losing so many cases does strange things to a lawyer’s brains. If he were working anywhere else apart from the government he could have been out of work by now. Fired. Has he ever won a crucial case for the government?

XYZ
XYZ
3 years ago

Mr Kaphale Anthuwa basi auzeni kuti Judge Kenyatta Nyirenda anapeleka injunction ku corona virus. Pano singafaleso. I think ndizimene akufuna koma.

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