Malawi demos on as judge Kenyatta dismisses Attorney General injunction bid

The High Court in Lilongwe has this Tuesday morning served a ruling by judge Kenyatta Nyirenda who had dismissed Attorney General (AG) application  seeking a court order to stop the same.

Justice Kenyata Nyirenda: No injunction

Lawyer for HRDC Khwima Mchizi confirmed that after a night of suspense, the court served the ruling Tuesday morning around 6am.

Mchizi said HRDC welcomes the ruling which effectively puts their demos plan to roll out.

HRDC national chairperson Timothy Mtambo said this mean the civil society organisations (CSOs) demonstrations  pushing for the resignation of Malawi Electoral Commission (MEC) chairperson Jane Ansah will proceed as planned.

Attorney General Kalekeni Kaphale applied for an injunction to the High Court to restrain CSOs from holding protests or that if they hold such protest marches, the organisers should pay a deposit of K2 billion to cover damages incurred during the protests.

But in his ruling, judge Nyirenda said the court has to go by  “current legal position” and dismisses Attorney General’s application with costs.

He said the status quo – for right to demonstrate peacefully – should real sin in force until a contrary decision is made in substantive matter.

The judge pointed out that Attorney General’s application “not a proper case in which to grant an interlocutory injunction  on several grounds.”

He said:”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 judge said 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 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 the current legal position. In short, the status quo holds good,” ruled Judge Nyirenda.

Meanwhile, Mtambo said the demonstrations will only take place in the three cities of Blantyre, Lilongwe and Mzuzu unlike in the past when almost all districts participated in the march.

He said that in Mzuzu and Blantyre, the demonstrations will only be held Tuesday while in Lilongwe they will spill over to Wednesday as the protesters will hold a two-night vigil between Parliament Building and Capital Hill.

UTM Party president Saulos Chilima, who is also the country’s immediate past vice-president, is set to take part in Blantyre protests.

Chilima is a co-petitioner in a case where they are seeking nullification of the presidential election results in the May 21 Tripartite Elections for alleged flaws, especially in the results management system.

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Yasser Arafat Hamdani
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Yasser Arafat Hamdani

Ntumbuka wopusa uyu.

WEgh
Guest
WEgh

Thats why we need quota- these mbwenumbwenus went to school. The gonna kill us. “Long live quota”. Anthu a kumwera dont understand what Kamuzu meant, we need more southerners in important positions in the goveernment and important governing bodies. And never allow a mbwenumbwenu to be a leader of Malawi they are too selfish.

Ndife
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Ndife

But he does not look health

Winston Msowoya
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Winston Msowoya

LONG LIVE THE KENYATTA OF MALAWI !!!!!!!!! On behalf of the MALAWIANS in diaspora,we strongly support the brave Judge of our soil in siding according to the law of our land.Malawians,we have had enough of 52 years of slavery and tribalism which were shamelessly articulated by the MCP brutal regime followed by the heinous and corrupt regimes of the both Muthalika’s hierarchy.In over 50 years of independence,Malawians live as foreigners in their homeland and lastly become slaves of the crooks and thieves the MUTHALIKA DYINASTY. These people mind you,they go ahead to manage Malawi affairs as their personal effect.Sadly,the future… Read more »

Caroll
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Can’t Kenyatta see what is happening during demos. Can you be happy to see some people suffering. How can he work up and sign about the demos.ofunika ma demo adzafike kumyumba kwake kuti adzadziwe how bad they are. Can you imagine luanar city campus in lilongwe being looted by these people called demos. Are these demos? Or they are thieves demos. Kenyatta need to sit down and rethink

ndine basi
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ndine basi

All those who love Malawi can smile at the breakthroughs to stop the stealing killing and destruction of Malawi. satana has fallen hoyee! chala mmwamba victory victory alleluia. Stealing our country’s destiny with arrogance and impunity has to end. Dzuka Malawi dzuka mba ziwelukepo!!

Nzika
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Nzika

A police nthawi zina muziyesa kuchita zinthu modekha. Pali mavu ena ake amatchulidwa kuti mavu nkhomola. Ukawapeza pa chisa chawo osawaputa, samaluma. Koma kungowaputa, eee, ngozitu! Ndizimene a police achita lero. Akanadekha n’kumangolondola kuonetsetsa kuti demo iyende bwino. Koma mmalo mwake munachita phuma nkugwiritsa ntchito mphamvu ndiye zotsatira zake ndizimenezi chifukwa munawaputa dala nkumayerekedwa ndi teargas. Apa tingoti mwaputa mavu nkhomola, ndiye musoua! Nthawi yomwe mumakhala ku college, miyezi itatu, ndi yochepa kwambiri kuti mungaphunzire momwe mungathetse kusamvana pakati pa nzika ndi atsogoleri komanso kagwidwe ka ntchito.

President Mkango Lion Manthakanjenjemereza
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President Mkango Lion Manthakanjenjemereza

We love our court, they are very independent, Bravo Nyirenda

CHAO CHAKE
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CHAO CHAKE

LILONGWE PLIGHT PUT ALL BLAME ON POLICE NOT DEMOSTRATORS WHY TEAR GASSING INNOCENT PEOPLE INSTEAD OF PROTECTING THEM AND THEIR PROPERTIES YOU PROVOKED PEOPLES ANGER AND NOW YOU MUST REGRET FOR YOU STUPID ACTION

Shamwa
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Shamwa

The problem is bingu developed Lilongwe at the expense of malawi south and north
Lero jealousy
Lilongwe is surrounded by malova
Let this be a lesson
Osamanga nyumba kwa a pongozi
Jealousy

mwanyumbu
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mwanyumbu

zoona