Malawi govt seeks court order to ban demos: Analysts say K2bn surety proposal ‘unconstitutional’

August 2, 2019 Wongani Chiuta -Nyasa Times 30 Comments

Malawi government has applied to the High Court for an order to ban the ongoing nationwide demonstrations to force Malawi Electoral Commission (MEC) chairperson Jane Ansah to resign until the presidential election case is concluded.

Attorney General Kalekeni Kaphale (back to camera) confers with former Minister of Justice Samuel Tembenu & DPP deputy director of legal affairs Oscar Taulo at the High Court

The application for an injunction has been filed by Attorney General Kalekeni Kaphale through the  Lilongwe registry of the High Court.

Government wants the Court to order that those who want to take to the streets for protests must first deposit a K2 billion  intended as a safeguard against rioting and property damage.

The court has set Monday, August 5 2019 as the day it is going to hear the the application as the Human Rights Defenders Coalition (HRDC) is set for a fresh round of protest on August 6 style ‘One million march’.

HRDC has so far organised five nationwide protests to force MEC chairperson Ansah to resign for allegedly mismanaging the May 21 Tripartite Elections.

The grouping’s  lawyer, Khwima Nchizi, has confirmed the development, saying they will challenge the application to stop Malawians from exercising their constitutional right to peaceful and unarmed demonstrations.

In an interview with Nyasa Times, social and governance commentator Makhumbo Munthali said it is unfortunate to note that the Democratic Progressive Party (DPP) government  seems not to learn from it’s past.

He pointed out that  prior  to July 20 2011 demonstrations former  President Bingu Wa Mutharika issued a similar directive stopping people from protesting the economic and democratic crisis in that any one intending to organise  demonstrators should deposit K 2 million surety.

However, this backfired as the CSOs challenged it as they proceeded to hold demonstrations.

“What this directive as well as other government attempts to block demonstrations achieved  was igniting in people anger which led to a large turnout marred with violence,” said Munthali.

He said the Attorney General and entire DPP government  must learn from the Commission of Inquiry into July 20 2011 killings which clearly recommended the Executive arm of government to avoid actions that may be viewed as blocking the citizens exercise of right to peaceful and unarmed demonstrations as these ignite anger in the people and subsequently lead to violence.

“Such attempts cannot achieve in ending demonstrations but rather addressing the issues raised by demonstrators as recommended by the Commission of Inquiry report is the one that can bring to an end to the current crisis,” said the governance commentator.

Said he: “The more the Attorney General and the DPP machinery put blocks to the exercise of right to demonstration the more they are profiling the demos to be attended by large numbers who may want to shame or challenge government
“The surety proposal by AG  is unconstitutional, and is likely to be challenged. If not careful, the executive arm of government through the Attorney General may be held accountable for indirectly  inciting violence by that surety decision if 6 August demos turn violent. It’s important that the DPP government avoids repeating same mistakes made by Bingu Wa Mutharika.”
Another commentator Idriss Ali Nasser argued that the application by the Attorney General is “mischievous” especially concerning is the “ludicrous proposition to put a prohibitive monetary cost to the enjoyment of the right to protest.”
He said: “There would be no point in having this right so enshrined if its exercise requires that we deposit billions of Kwacha first. That application is standing on quicksand. It should not survive a day in court.”

Inspector General (IG) of Police Rodney Jose last week wrote HRDC, demanding that it stops convening the protests following violent and criminal acts during the demonstrations.

Jose said the decision to stop the protests followed the unruly conduct of protesters.

“As you are aware, police officers have been attacked during these demonstrations making it extremely difficult for them to provide security to persons and property. Sadly, the situation is deteriorating with each new demonstration that HRDC convenes,” reads Jose letter to HRDC chairperson Timothy Mtambo.

Section 105 of the Police Act (2010) provides grounds for a police officer to notify conveners of demonstrations if the police will not be able to provide security for the protests.

It reads: “(1) Where an assembly or a demonstration is to take place in compliance with the provisions of this Part, a police officer—

“(a) if he has reasonable grounds to believe that the police will not be able to provide adequate protection for the persons participating in such an assembly or a demonstration, may notify the convener and such persons accordingly and shall give them the grounds in writing.”

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30 replies on “Malawi govt seeks court order to ban demos: Analysts say K2bn surety proposal ‘unconstitutional’”

  1. Our courts will soon regret what they are doing because they also have been targeted for violence and burning of court structures. what they organiser say is that they want to instil fear in the courts to make ruling in favour of them.

  3. Jane Tippex Madando Ansah is the Jezebel of Malawi similarly like what happened in the book of Kings ( Naboth Vain Yard ) pastor wonama uyu she is satanic

  5. Uwu ndiye mtudzu tinaukana ndi Kamuzu tinakwiya zedi coz chomatiderera chonchi iwe Kaphale tidzipereka 2 billion kwa mbabva ngati inu? Mwakhuta ndalama zokuba eti nkuona mukuyetsetsa ndi mtundu wanu wachilhomwe wakubawu kuti musachoke m’boma ndiyetu Malawi wakukwiirani sitikupulutsani apa pokha muchoka ndithu Kamuzu tinachotsa bwa?

  6. Kaphale, please don’t ruin your professional reputation. You are a respected lawyer,but getting involved in this rubbish will put feces all-over you and your reputation. As someone who knows you personally, sir, I urge you to recuse yourself in this matter. Or better yet, just resign from this government. You will have more power as a private citizen, great lawyer. This government’s days are numbered, the writing is allover!

  7. Mulungu sangapatse olo kudalitsa athu akuba akupha achinyengo awa adpp Mulungu Khope yake anayang‘nitsa kumbali chifukwa chake dpp imangopanga zoyaluka uphungu wa Namalenga palibe.Tiona mmene zithere

  10. Ndale zimamchititsa munthu wophunzira kukhala chidzete eti? The court already set precedence for demos, what magic does Kaphale have that the court could overturn earlier rulings on demos? Is it going to happen in a normal way or through bribery?

  11. Kkkkkkkkkkkk 2bn?ukunama Kaphale,u have just shown us that something indeed is really wrong,no ways a learned lawyer like u turned puppet behave like that,why have lost ur senses mr kaPhale,the issue is clear,apa ndiye timatcha zenizeni mukunama

  13. Uku ndiye kushyosha mavu nkhomola pa 6 August dziko lonse lapansi lidziwanso kuti ku Malawi kwavuta.

    1. Mavu nkhomola made chani you idiotic chakwera thieves? Your stupid demos are fat from being peaceful. Go hello and roast and rot.

  14. “AUTHER PETER MUTHARIKA” tachita manyazi ndi zopusa ukuchitazi, iweyo zisankho sinawine, unapangana ndi chibwenzi chakocho Jane Ansah kuti mubele zisankho ndipo unamupasa 2billion. Amalawi amene sanakuvotele ndi amene zikuwapweteka m’mitima yawo chifukwa Iwo anasankha Chakwera munthu owopa Mulungu kuti alamulire boma lino kuti athese umbava, kupha ma albino ndi nkhanza zambiri zimene iweyo ikuchita, sanasankhe iweyo ai. 2014 unamubelanso mavoti Chakwera amalawi anangokhala chete, panonso? Nkhani ili pano ndiyakuti girlfriend wakoyo atule pansi udindo chifukwa kuyendesa boma si zachisembwele zanuzo ai. Alaaa!

  15. DEAR MALAWIANS –THIS IS THE RIGHT TIME TO CHANGE THE WHOLE CONSTITUTION GOVERNING THE COUNTRY —SECONDLY LET’S CALL FOR A REFERENDUM ASKING MALAWIANS TO EXPRESS THEIR VIEWS ON JANE ANSAH MADANDO 147— LET’S NOT IMPOSE THINGS ON PEOPLE —

  17. Uku ndiye kutha nzeru Kaphale ndi DPP yako, just address the issue raised by demonstrators then u will see that this demos will die natural death.
    Bur when u insist on holding on to Jane Ansah thinking that demonstraters will give up then you are lying to yourself. Now you are creating more anger than before, am starting to believe now Peter Muntharika won’t finish ruling this term due to this altitude.

    The magnitude is expected to respond to the call of HRDC to March in the cities that has not been seen b4.
    And I doubt if they will leave these cities b4 their grievances are answered. 1 million each city mmh this is hell nooooo. Expect all DPP offices to be uprooted in this country and on this Day. No one and am saying no one again will be able to man these people even with the help of soldiers won’t yield anything.

    1. democracy -GOVERNMENT OF THE PEOPLE BY THE PEOPLE FOR THE PEOPLE, SO THE PEOPLE WHO OWN THE SAME GOVERNMENT WANT TO DEPOSIT 2 BILLION INTO THEIR OWN ACCOUNT BEFORE THEY CAN DEMON STRATE????????
      ANSWER IS “IMPOSSIBLE AND USELESS AND ABSURD.

      ITS TIME SOME LAWYERS WENT FOR REFRESHER COURSES.
      OR PUT IT THE OTHER WAY- THEY SIMPLY WANT TO FOOL THEIR BOSS THAT THEY CAN WIN KKKKK SHAME OPEN YOUR EYES.
      EVEN A FORM FOUR STUDENT CAN REASON BETTER
      SHAME.

  18. Government is fucking us around. There is no case in court against Jane Ansah. So stop taking this country like it belongs to you. We are ready to die for our ryt. Where is constitution saying we must deposit k2 billion? And to who?

  19. I now know that those we have been choosing to be our leaders think they are our boses. You are not. Those serving them are so enslaved to protect these thieves. When it’s time to pack and go, it is. Nothing can stop it.

  20. Constitutional rights come with responsibilities.
    So, the 2B number mentioned is reasonable, considering how fast the damage done by the MCP/UTM malova aka demonstrators can add up.
    Furthermore, the government should stand firm on this figure; it is NOT up for negotiations – just like the theft and damage.

    1. @ mwananyanian

      Why can’t you just ask your old man to relieve Ansah of her position. This is one easy thing that your old man can do rather than employing ways that are simply stupid.

  22. Koma guys zinazi why not sack or suspend ansah till case finishes.ndavomereza wankulu akazibibira kuzuka kwake kumavutadi eeeshi!!!

  23. Kaphale, we r watching u,this is total nonsense and f***k u together with ur educated fools,the Demo is on no matter what

  24. It is very easy & simple to solve the problem of violence & looting duringant-Ansah demos & that is for DPP to stop its cadets from staging counter demos to disturb the peaceful demos because the violences & lootings are perpetuated by the cadets who are reportedly sponsored by some greedy politicians within the DPP camp with the aim of smearring mud at the protesters so as to make the public beleve & think it is them who have done it. This is evident through the numerous evil tactics the DPP has used to frustrate both the court case & the demos.

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