August 6, 2019
James Nthondo - Nyasa Times 16 Comments
High Court Judge Justice Kenyatta Nyirenda should not die, he should have long life, at least a placard by anti-Jane Ansah demonstrators has pleaded.
Justice Kenyatta Nyirenda delivered an early morning ruling Tuesday allowing the Human Rights Defenders Coalition (HRDC) to go ahead with demonstrations to force Ansah to resign as chairperson of Malawi Electoral Commission (MEC) for presiding over flawed May 21 Tripartite Elections which saw President Peter Mutharika re-elected.
Attorney General Kalekeni Kaphale had earlier applied to the court to stop the demonstrations or make the organizers pay a whopping K2 billion to cover for the damages that may come with the demonstrations.
“Justice Kenyatta Nyirenda musadzamwalire, status quo stands on…,” reads a placard.
In his ruling Justice Kenyatta Nyirenda dismissed the Attorney General application to stop the demonstrations.
“As was rightly conceded by the Attorney General, the Courts have held, with an
almost crusading zeal, in favour of protecting the right to demonstrate. The
Attorney General contended that it is high time the Court re-examined the
approach hitherto taken by the Courts: the right to demonstrate should not trample
the other constitutional rights such as the right to economic activity, right to
property, etc. but there must be a co-existence of rights, so he contended.”
“To my mind, this means that until a contrary decision is made in a substantive matter, this Court has to go by current legal position. In short, the status quo holds good.”
“In view of the foregoing and by reason thereof, the application by the Claimant is
dismissed with costs,” ruled Justice Kenyatta Nyirenda.
Attorney General had asked the court to order that HRDC should not hold the demonstrations because they are connected with violence and destruction of property whenever they are held.
Meanwhile, members of HRDC, including chairperson Timothy Mtambo, and Gift Trapence are reportedly receiving threats from purported government sympathisers.
According to some of the text messages directed at Trapence, some anonymous senders have been threatening to deal with the government critics by, among others, invading their homes.
However, Trapence said such threats will not deter the CSOs for demanding accountability from government.
One of the text messages, from a South Africa-registered number threatened Trapence that the HRDC vice-chairperson will specifically be targeted through a break-in at his home during today’s planned protests.
Said Trapence: “There are death threats. We investigated the person and we know how we can take legal action against them. They are based in South Africa but no one is above the law; but we haven’t reported the matter to police because we are yet to be assisted on several complaints we raised like recent attacks at CHRR offices.”
Thanks Kenyatta .Your judgements has been upright.This old man was elected by her EX wife Really people should a sign girl friends in an important post like that one?
This is disrespect to the nation.Tomorrow presidents would apoint wives and children in the positions. Of vice presidents and cabinet ministers respectively.
Charie
4 years ago
Mwakanika kuchotsa DPP ndi ma voti pain yalowa zigogodo,chosecho akupita kuseu ali okhuta ndi sima ya subsidy
Mapwiya
4 years ago
GOD IS THE BEST JUDGE
Kanyimbi
4 years ago
Kodi a Kaphale munali lawyer wabwino zedi lero mwafika pombwambwana chonchi mungobvomereza ziri zonse u mean u r going ahead to the supreme court to erase section of demos? Koma APM afa yowawa mulungutu si James.
CESSPOOL SIMALOTO
4 years ago
Kaphale is sinking yet his ship is cargoless. Politics leaves him gasping for breath. He can’t ladle out anything from the legal kitchen. The DPP cuisine doesn’t add up to good aromatic sniff for the whole troop of functionaries all critical Malawians the Attorney General’s hold on the legal keel is slipping. Unable to distort issues to suit the DPP apettite
MASO ENA
4 years ago
REMEMBER THE SAME KENYATTA IN 2014??
IT’S HIS PAYBACK TIME AFTER BEING LEFT OUT OF THE UTM/ MCP ELECTIONS CASE – MTAMBWALI UYU – ANAWILINGURA HEAVY ATAPANDA KUYIKIDWA MU ELECTIONS CASE NDIPO ASAYEREKEZE KUYIKIDWAMO NDI CADET AMANE!! IYI NDI NJIRA YAKE CHABE!!
Where is Jones and his team who threaten innocent marchers day in and day out??
Malawi of dark days is long gone where people would fear Police officer and in certain extent treating them as semi gods.
I think Police if not careful enough this will be disbanded as it is viewed as pro DPP.
We will start new Police Service with new structures and new training altogether.
Jamex
4 years ago
Any one acting against the malawi constitution & or citizens,is not a malawian.ask urselves who are u serving,if malawians,be on the citizens side & if not thus when we know ur not a malawian & thus y ur triying to make malawians ; ignorant,cowards & as well killing them
Thanks Kenyatta .Your judgements has been upright.This old man was elected by her EX wife Really people should a sign girl friends in an important post like that one?
This is disrespect to the nation.Tomorrow presidents would apoint wives and children in the positions. Of vice presidents and cabinet ministers respectively.
Mwakanika kuchotsa DPP ndi ma voti pain yalowa zigogodo,chosecho akupita kuseu ali okhuta ndi sima ya subsidy
GOD IS THE BEST JUDGE
Kodi a Kaphale munali lawyer wabwino zedi lero mwafika pombwambwana chonchi mungobvomereza ziri zonse u mean u r going ahead to the supreme court to erase section of demos? Koma APM afa yowawa mulungutu si James.
Kaphale is sinking yet his ship is cargoless. Politics leaves him gasping for breath. He can’t ladle out anything from the legal kitchen. The DPP cuisine doesn’t add up to good aromatic sniff for the whole troop of functionaries all critical Malawians the Attorney General’s hold on the legal keel is slipping. Unable to distort issues to suit the DPP apettite
REMEMBER THE SAME KENYATTA IN 2014??
IT’S HIS PAYBACK TIME AFTER BEING LEFT OUT OF THE UTM/ MCP ELECTIONS CASE – MTAMBWALI UYU – ANAWILINGURA HEAVY ATAPANDA KUYIKIDWA MU ELECTIONS CASE NDIPO ASAYEREKEZE KUYIKIDWAMO NDI CADET AMANE!! IYI NDI NJIRA YAKE CHABE!!
APM MUST FALL, too old to rule, 80 yrs eeish!
Where is Jones and his team who threaten innocent marchers day in and day out??
Malawi of dark days is long gone where people would fear Police officer and in certain extent treating them as semi gods.
I think Police if not careful enough this will be disbanded as it is viewed as pro DPP.
We will start new Police Service with new structures and new training altogether.
Any one acting against the malawi constitution & or citizens,is not a malawian.ask urselves who are u serving,if malawians,be on the citizens side & if not thus when we know ur not a malawian & thus y ur triying to make malawians ; ignorant,cowards & as well killing them
I need a couple more bottles of tippex. And counterfeit ballots please.