Malawi govt react to judge’s ruling: ‘President Mutharika complied with the law’
Malawi government has exercised its own prerogative – to attack High Court judge Kenyatta Nyirenda – who faulted President Peter Mutharika for making a declaration of a national disaster over the coronavirus without citing the law under which the declaration was being made.
Ministry of Justice in a statement issued by its spokesperson Pilirani Masanjala has defended the declaration saying Mutharika used Section 32 of the Disaster Preparedness and Relief Act.
“In making the Declaration, the President complied with section 32 of the Act and as required by that provision, caused the said declaration to be published in the Gazette as Government Notice No. 4 in the Malawi Gazette Supplement of 3rd April, 2020,” said Ministry of Justice spokesperson Pilirani Masanjala in a statement.
Masanjala added that the Disaster Preparedness and Relief Act does not stop the President, as Head of State and Government, from announcing any extraordinary measures as necessary in order to protect persons affected or likely to be affected by the disaster so declared.
One of the legal scholars asked the public to ignore anti-judge venom and give thanks for an independent judiciary upholding the principles of democracy.
In his widely circulating ruling, Justice Nyirenda said: “Honestly, the very thought of declaring a state of disaster without even bothering to tell Malawians in clear terms the law under which the declaration is made is taking Malawians for granted.”
Justice Nyirenda said he is “duty bound” to give the judicial advice having taken judicial oath and oath of allegiance.
He pointed out that as matters now stand, unless the government moves with speed to take necessary legislative measures, the possibility of exposure by the State to pay colossal sum of money in compensation for violating human rights as a result of imposing measures anchored in law is very high.
Justice Nyirenda further pointed out that the legislative regime governing Malawi’s response to disasters, regardless so the nature and the extent of the disasters, is not only archaic and obsolete but “it is also in total shambles.”
He said: “ Almost all, if not all, applicable laws are completely outdated. Needless to say, the coronavirus epidemic has caught the authorities with their pants down – witness panic stations everywhere.
“How the authorities expect to effectively combat the epidemic in 2020 with laws enacted in 1948 (Public Health Act), 1964 (Immigration Act) and 1991 (Disaster Preparedness and Relief Act) boggles my mind.”
Justice Nyirenda said this is not the time to start questioning patriotism of fellow Malawians but to “ collectively pull up our socks so that we can fully apply our minds and energy to the reparation of the necessary legislation.”
President Mutharika declared a state of disaster on March 23 to combat the coronavirus. There is no lockdown but schools are closed and the government says it is urging people to work from home and follow hand-washing and social-distancing guidelines.
All social gatherings of more than 100 people, such as funerals, church services and political rallies, have been banned.
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Don’t use our tribe in vein. I am a happy tumbuka based here in Zambia. Please refrain from insulting us otherwise we shall respond with big insults.
Masanjala missed the point. The issue was never about whether the president can declare a state of disaster or not. The law allows him to declare a state of disaster , however, what the learned judge meant was that president Prof Arthur Peter Mutharika should have quoted the relevant sections that empower him to declare a state of disaster. That’s the law. APM took short cuts. It’s ironic that APM was one those that had drafted the current constitution yet he isn’t on top of things. The ruckus caused also brings into question the capabilities of his legal advisors. Akungodya zaulere. That’s what happens when you surround yourself with homeboys who aren’t up to the task. Wakwathu syndrome.
Now they are attacking him few yrs ago they were praising him
These Tumbuka judges.. ayaya.. the most corrupt court in the world.. biased and nepotistic.. court lonse kuzaza ndi a kanyimbi akumpoto.. vindere!!
Mind your language boss. We shall respond with big insults
Those who were clapping hands for a foolish judge, Kenyatta Nyirenda can now see that he is responsible for the spread of corona-virus in Malawi. His 72-page ruling allowed people to leave isolation and undermined immigration authorities.
And you call these rotten judges “learned”? If they can not see how dangerous corona is, who can trust their rulings anymore? Komatu penapake judiciary yawonjeza zibwana.
zoba iwe
Mr President don’t listen to rubbish keep on implementing measures you are taking it’s good for our country safety first.
So, this is how it plays. Tumbukas and fellows from the dead North have taken over judiciary. Ochewa making themselves felt ku legislature pomwe angulu and southerners are in charge of the executive. Foolish thinking.
Interesting observation…lol
Who elected APM for another five year term? He is acting as if he is an elected president. He wants to become the life president of Malawi through backdoor tactics. It won’t work.
Uwona Nyekhwe sunati.. 5 more years of muntharika.. tilipano
Law is law whether Kenyatta Nyirenda thinks its outdated or not.
Ndi Nyirenda!! Let that sink in..
A dead person is more better than my fellow Cadets Who support Government on this article.
ma Cadets ambiri akuoneka kuti anakhoza sukulu zawo thru LIKASA hence this failure to grasp what Kenyatta Nyirenda is articulating here . Go back to school pliz Yakwacha idakalipobe mpaka lero.
May be Kenyatta is angry with DPP because he might not have been given his dues for the 2014 night judgement. While the law is not clear but it is just a matter pf morality. Anthu akumpoto
Well articulated, but mpakana anthu akumpoto? I like the part you said ‘While the law might not be clear, it is just a matter of morality’
That may be true
Justice Nyirenda caught pants down with a moronic and half-witted ruling allowing suspected corona-virus people to enter Malawi
We woke up to the misguided praise on Judge Kenyatta’s ruling which allowed people to be released from government detention upon entry in Malawi. Social media and newspapers have carried articles about Kenyatta blasting government.Now that coronavirus cases are on the rise, can those nutters applauding Kenyatta’s 72-page of shit ruling tell us what little thread of intellect does this judge and judiciary have?
We now have coronavirus because of Judge Kenyatta. Uyu ndi jaji yemwe anatulutsa nthu omwe boma linaika mu quarantine. Jaji woods jedi.
No body found positive is linked to the Chinese in question!
No where in the world is any government’s efforts to fight coronavirus are being hampered by mad judges and an entire judiciary which is a total shambles
We can now see how lour judges have gone rogue. Justice Nyirenda and our judges want us get infected.
Corrupt and incompetent judge and judiciary. Kenyatta Nyirenda released people who had been put in quarantine by immigration officials. That ruling undermined government policy on preventing coronavirus infections. Shame on our judiciary.
Kodi aMasanjala mukumadya mukuchulutsa zonyambita nyambitazi. Chonde uchepetse mphwanga.
Peter is a fool
Mr judge at this point the world is an emergency situation, legality of the declaration should not be an issue. Let us protect Malawians. No sane person should sue government for human rights violation when the government is doing the right thing necessary to safeguard many lives.
If one individual comes to your court with a human rights violation lawsuit against government please throw it out. Help government for once. Individual needs should not outweigh public health and safety.
Mr kenyatta you can also tell our dull speaker, giver her list of outdated laws which need revision. On her own she is clueless. She is sitting phwiiiii because she knows nothing at all. All she knows is voter verification and registration exercise. In fact your ruling is itself a fail mark on our parliament. Govt is forced to implement old laws because 193 dunderheads do nothing to upgrade the laws. They beg for boreholes instead of reading statutes
Ur nothing but piece of trash, so u don’t now yet what this government wants? just shut up. Be smart
While you are right on national safety it is not true that we have old laws because the speaker is clueless. MPs through private members bill and government are the ones who bring Bill’s to parliament. Insulting people blindly is foolishness which should not be displayed here.
Another idiot cadet. Does the speaker initiate government policies? Is it the responsibility of the speaker to bring to government archaic laws? Do we not have the Law Commission and Ministry of Justice, both under the executive branch, to propose change to the outdated laws? Why accuse the speaker for the failure of the executive branch?
Foolish dpp and your interim leader. His days are numbered. The Tumbukas will remain star on the land of Malawi. Wait dpp will see another nyekhwe.
This government is full of virus eeeeesh. The first vaccine needs to be applied to all dpp
This is an illegal declaration Mr Masanjala.
APM five year term was over last year. He as no right do declare any extraordinary measures because he has not been elected for another five year term. He has no right to appoint minister without consulting the parliament. The law is very clear on this. The situation we are now is when the country is just about to go to an election. At that time, the parliament is dissolved and all ministers must be removed from their positions. I do not understand why APM go all the way back to the time when he was ruling and start making orders and appointing ministers without the approval of the parliament.
The Malawi Constitution states that during or after just an election, if there are any constitutional crisis i.e. the MEC failed to run the election properly then the president has to recall the parliament again for the way forward. The Law does not give him power to appoint ministers later alone take any extraordinary measures because allow him to do that it means he can manipulate the situation and keep running the country illegally forever. The law is very clear on this. APM is not allowed to declare anything at this time without the approval of the parliament. This is unelected government and it is prohibited to make orders. The only institutions recognised in our constitution at this time are the President and Vice President (No ministers), Parliament and Judiciary. And the unelected president is not allowed to make any appointments or declare anything to his advantage without consultation with the parliament.
This is an illegal declaration Mr Masajala.
Then tell your father to declare
APM has already violated us malawians. this 5th time change if ministerial positiins, and also MOD changes during his interim is a total disgust.
Mec still hanging in their seats despite kuti ife sitikuwafuna due to use of tippex
akangodzuka with his toothless miurh kumangobwebweta.
now a 52 constitutiin order ya dzanayi. eish
and then ya 1948
assert the issues from parl8ament kha amati ciani
nangaso dual citizenship,dausi anati azimai a cimalawi akakwatiwa ndi foreigner akuvutika.
MBWELEKETE,MYOPIC THINKING.
sizikuveka ntaaaaa.
TYENI TIDIKILE komwe akatenge salary yolipila 2000 staff to be hired ASAP.
Nanga ma arears a anthu a za cipatala munamaliza kuwapatsa????
mungomwa ma whisky ,brandy ,fine wines and spirits .zidzabwela.
Timva
Foolish
My question is whether ” Disaster Preparedness” and “State of Disaster” mean the same thing. It is better to take on board good advice rather than making unnecessary noise because of being Big Headed.Govt. is defending something different from what the learned judge has pointed out. Only fools and dunderheads cannot pick out the difference.
It’s just a virus.
We have been told that Tumbukas are intelligent – but now we can see MAMINA of Tumbika judges dominating our judiciary.
Iwe mbuzi ya kadeti eti! I thought the procedure is to go to a higher court if you are not satisfied with any court determination.
RESPECT is important and tribalism is immoral
In UK before the government declared lockdown the parliament had to fast track some bills which would allow the government to implement some measures. The problem is that we have many stupid people like you who have tippex brains. You have not even understood what the judge has said.
Indeed the caretaker president would have consulted with the speaker to call for parliament sitting for the proper legislation
Tribalism doesnt have room in this country.This is one Malawi.awake from your deep slumber.
I don’t think the problem is any other tribe but understanding of the issue…in this case not understanding what is being said.
We have been told that Tumbukas are intelligent – but we can now see mamiba of Tumbuka judges dominating our judiciary.
A Tumbuka showing his eagerness to destroy our country.
Justice Nyirenda is a complete FOOL. He has just shown his foolishness.
Kenyatta and the 5 crooked judges are on the opposition payroll. And also in Chinese payroll. They think and only live to interpret the law in a way that affects government agenda. These judges have to thank apm because he is a democrat. Bakili muluzi once fired such useless type judges
MBULi can a President Fire a Judge …
Tcheya wakoyo anatolephera kupanga Fire Anaclet Chipeta….MBULi zina zitamunamiza….
Of course the government will back APM, the gvt is part of dpp in it….!!!
Is Declaring “State of Disaster” and Declaring “State of Emergency” one and the same thing? I am.a Botanist don’t, therefore, call me an idiot because I honestly don’t know.
FOOLISH