Supreme Court of Malawi stops HRDC demos: Issues 14-day moratorium

The Malawi Supreme Court of Appeal has issued a 14-day moratorium against the Human Rights Defenders Coalition (HRDC) from holding any demonstrations in Malawi.

Justice Lovemore Chikopa granted a 14-day moratorium against demonstrations in Malawi

Registrar of the High Court and Supreme Court of Appeal, Agnes Patemba confirmed about the moratorium issued by Justice Lovemore Chikopa.

The decision by Justice Chikopa  follows an appeal by Attorney General (AG) Kalekeni Kaphale against the HRDC after High Court Judge Kenyatta Nyirenda refused to grant the AG an injunction against the protests.

The moratorium paves way for the HRDC, the Malawi Police Service and local government assemblies to discuss and agree on security modalities aimed at preventing property damage and personal injuries during future demonstrations .

Reads the Malawi Supreme Court of Appeal order: “It is hereby ordered that within a maximum of 14 days from the date hereof, the respondent be and are hereby restrained from organising/convening demonstrations.

“During the said time, the parties hereto shall hold negotiations to determine a manner in which the respondents’ exercise of their rights in Section 38 of the Constitution can be [carried out] without undue incidents of violence and crime.

“The parties hereto by themselves, their servants and on the pain of being cited for contempt of court be and are hereby restrained from making statements that are or have the potential to prejudice the due determination of these proceedings.”

The Government will use the ensuing deliberations to see how prepared the HRDC is to deploy its own marshalls or crowd controllers to avert incidents that have so far marked each and every one of their outings on the streets of Malawi.

Government contends that the country should not continue to allow these violent protesters to make use of the constitutional right to protest to  conceal the ulterior motives of opposition parties fronting the HRDC.
HRDC is continuing with its series of nationwide protests to force Malawi Electoral Commission (MEC) chairperson Justice Jane Ansah to resign for presiding over flawed May 21 Tripartite Elections which saw President Peter Mutharika re-elected.

The Attorney Generals office has since  welcomed the Supreme Court order.

Earlier, HRDC had planned to hold five-day demonstrations at the country’s borders and airports starting Monday this week.

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TOSH
4 years ago

harlod lumwezi yu very very very intelligent yu see things from before it happens

Cashgate1
Cashgate1
4 years ago

Cadet ukunyoza HRDC today, mawa udzaifuna. Ask Peter somewhere between the death of Bingu and Joyce Banda rule. Unfortunately most of you are positively benefiting from the system and you think you are very safe and in control. But it will come a point in time when you will be in opposition and you’ll need people to push national agenda…. till then, let us drink and wine and kutukwana.

harlod lumwezi
harlod lumwezi
4 years ago

apa ndiye kuti Supreme Court yamusambira mmanja APM. if anything happens he will have no one to blame becoz he has been given 14 days to do his political manouvers and bring peace on the land. 2 weeks is a very reasonable time for one to use wisely. however, time flies, masiku amathera kuchitseko – and we would all hate to be back to square one. i think one of the duties of a sitting president is to solve national problems (like this one). and he is paid to do that. a saying goes “he that is good at excuses… Read more »

Chaku Mzomera
4 years ago

May The Almighty God bless you Lovemore Chikopa!!! If Malawi was blessed with people of your like mind, this country could be more rich. Frankly i voted for Chilima just to change the government which full of dirty minds. I have no problem with Peter Mutharika because he is a good leader, well educated with sound policies but was sorrounded by Maffias. What Lovemore has done is worth to be commended. He has seen the suffering of the 17 plus million people in Malawi due to demonstrations that were aimed at making Chakwera and Chilima to be presidents. Businesses stopped,… Read more »

Nabetha
Nabetha
4 years ago

To all good men and women of Malawi who have access to this forum or Nyasa times page, say something positive for those voiceless masses in the village. Do not pretend to be cute or politically correct because one day the truth will catch up with you. These same cadets and looters speaking here one day they will come for you and your family. They came for Njauju, you were quiet, they came for Chasowa you were quiet they are looking for HRDC you are quiet by the time they up their game from petrol bombing to something else all… Read more »

Charie
Charie
4 years ago

Kkkkkk kkkkkk kkkk wayaruka mtambo APA zachidziwikire kut otsutsa palibe chawo.

President Mkango Lion Manthakanjenjemereza
President Mkango Lion Manthakanjenjemereza
4 years ago

Malawi going to dictatorship. Thanks Judicial

Henry Mdebwe
Henry Mdebwe
4 years ago

Cry beloved Malawi. Really the courts are authorizing HRDC to establish a parallel security body to Malawi Army and Police to managed their demonstration? Are our judges in sound mind? Who is funding HRDC? HRDC and the opposition are licenced to have armed mesonaries. And these groups are going to be in all the districts providing security to demos. What will stop them wadging civil war? Fellow Malawians. You are lighting fire to burn your own country. Mtambo and Trapence, go full speed establish your armed body for demos. Start mobilizing funds and arms now. The supreme Court has ordered.… Read more »

Kishombe
Kishombe
4 years ago
Reply to  Henry Mdebwe

Iwenso ndiye mbuzi yeniyeni. Go back and read the ruling again, shupiti!

Mr Truth Pains
4 years ago
Reply to  Henry Mdebwe

Great observation Henry, only great thinkers can understand what u mean .

Innoxy Charles
Innoxy Charles
4 years ago
Reply to  Henry Mdebwe

Sunamvetse kodi chende iwe?.

Patrick Phiri
Patrick Phiri
4 years ago

Shame on HRDC. They said they cannot negotiate with government because a government institution, MRA, has obtained injunction against demos at the ports and borders. Now the Supreme Court has ordered them to enter into negotiations with government while the injunction is in force. Are you still going to boycott? Total shame.

Zofu
Zofu
4 years ago

Lovemore Chikopa i think you are more intelligent with umunthu Malawi was going astray

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