Malawi lockdown case goes to Constitutional Court: Not less then 3 judges

A  Constitutional Court will now hear a case in which some individuals including Prophet David Mbewe and  civil society organisations (CSOs) sought  a High Court injunction to block government plan to impose 21-days national  lockdown to tackle the coronavirus (Covid-19) pandemic.

Chief Justice Andrew Nyirenda’s certification, in accordance with Section 9(3) of the Courts Act, to have the lockdown case  be heard in a constitutional court.

Chief Justice Andrew Nyirenda has certified the case as  a constitutional matter after High Court judge Kenyatta Nyirenda decided to refer the case to the Constitutional Court because the issues raised by the petitioners required an interpretation of the constitution.

The judge ordered that until the Constitutional Court makes its ruling, the lockdown cannot be enforced.

According to the Chife Justice in a notice dated April 30 20200, the matters in the case comply with Section 9 (2) of the Courts Act which stipuaktes that matters relating to or requiring interpretation of the Constitution shall be heard and disposed  of by or before not less than three judges.

“Reference Number of 2020 being Judicial Review Case 22 of 2020, before Honourable Justice  Kenyatta Nyirenda sitting at Lilongwe.

“The proceedings registered as Judicial  Review Cause Numbeer 22 of 2020 hereto attached and matters raised therein contained are hereby certified as having complied with Section 9 (2) of the Act,” reads  Chief Justice’s certification.

On 15 April, the government announced a 21-day lockdown, which was due to start three days later but campaigners complained that the government did this without providing help for those in need.

The Human Rights Defenders Coalition (HRDC) went to court to challenge the government on the issue and the courts blocked the lockdown.

On Friday 17 April, a day before the lockdown was due to start, a court injunction stopped it  until government  had put the necessary socio-economic protection measures in place.

The opposition is worried that President Peter Mutharika is going to use the pandemic to delay the fresh presidential  elections due before July 4, and keep himself in power.

The country’s estranged vice-president Saulos Chilima and former president Joyce Banda have h accused government of manipulating the  Covid-19 crisis to avoid the polls.

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Gabor
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Gabor

We can’t go on lockdown without proper measures and this is also very important. South Africa is on lockdown til today , when they went on lockdown they had 106 affected with 2-3 deaths. But from the day 1 til today the 29 june have 27,403 confirmed infected cases with 577 deaths . They tried as much as possible the government the opposition the private sectors it’s citizens including the foreign countries by following the rules while the citizens is supported by it government. Why not malawi yet muli ndi chithumba cha ndalama Za corona.

Malawi belong to the citizens
Guest

A malawi ndichachiziwikire Kut anthu afadi, Koma lockdown without food and money for poor malawians,more can die with hunger.Malawians who wants to live longer are wearing masks.The DPP wanted numbers of coronavirus to increase, and now they have increased.Firstly it was a stupid decision to repatriate Malawians from South Africa without preparing the proper quarantine place.Peter Munthalika wangotiwonongera dziko ndikusaganiza kwache.You got soldiers who can handle this situation Koma ayi .Ena ndiaja athawanso kwakameza quarantine,awa ndiye anapezeka nako ka covid-19.Koma nawo athawaa.Dziko lathu Kulibe leadership,the leader is too old to think what to do.Koma akufunabe kukhala president wadziko.Asapasidwe vote ameneyo… Read more »

Mwini muzi.
Guest

Too late! COVID 19 is already deeply rooted into the careless Malawi society. It’s just a matter of time so soon that people will start perishing.

Mapopa
Guest
Mapopa

Government withdrew, nde a constitutional court akakamba chani????

Malawi walero
Guest
Malawi walero

Come june & july towards August its when you will feel it that what is COVID 19?. Guys kuno ku S.Africa ma doctor ayambano kupenga nayo nthendayi koma ali ndi zipangizo zonse zoyenela komano soka kwa ife a malawi chifukwa moyo wathu tauyika pa mtengo wa vote. Enanu kungovota nthawi yomweyo kukatengako covid nkumwarira kaya a president mkufunawo azabwera kuzakuyikani mmanda kaya. Kunoko pano ayamba kukumba manda malo amodzi chi una chachikulu chimodzi nkuyala mitembo momwemo nkukwirira. Wokondedwa wanu atamupanga chonchi kodi chingakhale cha nzeru kufera vote?🙈🙈🙈🙈😂😂😭😭😭

Chimutu
Guest
Chimutu

Yikuchokera kwa inu ku South Africa

Gaba
Guest
Gaba

It will not be so here in malawi.ma Doctors sapenga God is with us

Doctor Without Boarders
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Doctor Without Boarders

Okey, mwayamba kuidabwa COVID-19 tsopano? Pano mudziwa kufunika kwa Lockdown but its too late. Chibwana pa Malawi. People will perish like tomatoes.

katayeni chitutu
Guest
katayeni chitutu

yochita kuyibweretsa mwadalayo

Nalingula
Guest
Nalingula

Ndie Mutoona ngati Lockdown inakatopindura chani …Ngati mutokanika kusanalira anthu 400 Okha …Despite Receiving Billions ….ndie 18 million munakatokwanisa ….Mutofuna Tione mwikho kapena nyenkhwe….

Chimwemwe safari
Guest
Chimwemwe safari

😂😂😂😂😂awuse amvesese

Keen Observer
Guest
Keen Observer

Where is lockdown helping? Here in South Africa how has it helped??????

political commentator
Guest

aaaah koma ambwiye mulibe manyazi….corona yochita kukaitenga ku RSA nkumazawerengera ma figures kuno cholinga choti mupemphe ndalama kuma donors komanso kuti musapange chisankho….inutu mwagwa nayo, Malawi wakana uyu.

Bauleni
Guest

This rotten conmans court again? Biased, nepotistic and corrupt to the core. Anyway government withdraw its intentions for a lockdown why does it matter? Mumva ayambaponso kuweluza what isn’t in the petitions. Kunazadza zitselekwete ku court, asakhwi ndi nansongole ku court.its a sham

Nalingula
Guest
Nalingula

Government was Forced to Withdraw …it’s ill Advised Lockdown ….Ndani angalole Zopepera zimenezo ku Malawi kuno …

Wa Nick
Guest
Wa Nick

Wakwiya ndi mfiti.poor government always make poor decisions.no wonder the imported covid to increase the numbers

Mbwiyembwiye
Guest
Mbwiyembwiye

Lockdown munaikana ndi macourt Anu. Mufera kususukira mpando!!

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