Malawi demos on as judge Kenyatta dismisses Attorney General injunction bid

August 6, 2019 Wongani Chiuta -Nyasa Times 33 Comments

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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33 replies on “Malawi demos on as judge Kenyatta dismisses Attorney General injunction bid”

  2. 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.

  4. 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 of MALAWI will simply go under the bus as a non-civilized state.Malawians,the leadership we have to- day,do no have political experience and political know how apart from exposure to undemocratic rule.Malawians do not leave the streets of our cities in all three regions,the international community now know the stand of the suffering people of Malawi since the attainment of hard struggle for human rights.The international communities support the masses of our suffering people for their stand against Muthalika’s corrupt and tribalistic regime which has brought back our country to one of the worse dictatorship and corrupt regime in sub Saharan Africa.Malawians,you have fought against the stupid federation,you have fought against British imperialism and above all,you have fought against Banda’s worst regime in Southern Africa and God will give you strength to destroy Muthalika and his uneducated thugs.LONG LIVE THE BRAVE PEOPLE OF MALAWi AND THE UTM PEOPLE’S PARTY.

  5. 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

  6. 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!!

  7. 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.

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

  9. 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

  10. 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

  12. How can the whole judge wake up early in the morning at 3 am just to declare a demo without outlining security measures? A lot of innocent souls are suffering three, four years rotting in courts but failing to issue out a judgment. These judges will destroy the country for sure. Courts supporting terrorism, ussuping of power illegally, too bad for Malawi.

    1. Until you open up your eyes that is when you shall come to know the rights of demonstrations.If you are saying the judge is supporting terrorism that means you are also supporting APM as a dictator who is cringing to power while he was not voted for.

  13. Mtambo and his cronies will face the same fate as mahatma gandhi, malcolm x, Steve biko etc. A bullet to the head

    1. The judge is only following the constitution as enshrined and approved by our own parliament. Laws are made and approved by our own parliament. Osadziwa ndi ma bootlickers just to please the tippex president

      1. The law demands for peaceful protests not violently!!! Our courts are supporting violent protests nichodemously supporting the opposition!!!

  14. Mtambo,Trapence and all Malawians of good will woyeeeeeeee kkkkkkkkkk,ma plan onse a DPP and boma akuwomba khoma,eeeeeeeeeee, signs of times.Bad omen indeed kkkkkkk

  16. Oooh Judge!, the upright judge!! plse keep protecting our land of Malawi from nuisance leaders who are only there to leap where they did not sow.

    1. Can’t agree more. This judge should go and see for himself what is happening in the streets of Lilongwe right now. Its clear his legal education failed to remove his stupidity

      2. You wanted the judge to protect you? He has delivered the judgement according the constitution not according to your dpp constution, blame your I G for threatening un threatened Malawians, we don’t want Tipex Government!

    3. His father, Bazaar had named him for a reason – this one!! May the soul of Komo Kenyatta rest in peace

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