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

August 27, 2019 Nyasa Times Reporter 65 Comments

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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65 replies on “Supreme Court of Malawi stops HRDC demos: Issues 14-day moratorium”

  2. 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.

  3. 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 is good at nothing”. a sitting president has both the mandate and the duty to rise to the challenge. the Supreme Court has given him one more chance – only they couldn’t spelt it out so openly.

  4. 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, property of innocent people looted and demolished, vehicles smashed, innocent people died, etc,etc. Can we go ahead with such demonstration?? Are we indeed humans to say people have a right to demonstrate in this kind of situation? I think umunthu is superior that the constitution that we are following. Thus why Kamuzu was dealing with such idiots who gave him problems in the name of constitution. God bless you Lovemore!!!!

  5. 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 of us will suffer. We all need to say no to oppression and corruption. Our rulers must address poverty, hunger, diseases e.t.c they must stop targetting individuals because it’s a waist of time. For example silencing John Chilembwe did not stop the revolution against colonialism it only caused blood shed. Imagine the slave trade in America many many years ago,…..The human being has a God factor which means they can only be oppressed for a while but their core nature will arise and fight at a given time … I rest my case!!

  8. 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. No police man or a soldier should be found anywhere near your security men during demos.

  9. 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.

  12. Well done our Supreme court zinazi osamangoonerera namisala Timofe ndi anzake kuti azisewewretsa dziko lathu lokongolali.
    You really need a pat on the back.Great job…Thumbs up for you!!!

  13. My fellow Malawians, it seems most of us do not understand. The ruling is not against the demos. However the judge has said Government (Police and assemblies) and HRDC must discuss how to make sure that the property of other people are protected. Both parties must be responsible.

  15. This is a temporary relief. The demos cannot be stopped unless the constitution is suspended. The mandate to provided security is in the hands of Police and MDF. Unfortunately MPS, which is supposed to provide security only does it to DPP and its cadets, therefore MPS are DPP cadets leaving only MDF to serve citizens. The future of MPS in our democracy is obviously bleak.

    1. Thats true. Its just a temporary suspension which will laps 14 days to give a leway for all the stakeholders to discus the way forward. DPP supporters dont understand and are misguided because they are too ignorant. Had it been that there was no quarter system, these guys could all be laborers working in the estate farms. Dunderheads.

  18. If muthalika is of good faith, he will use these 14 days to find solution for this matter, so that, the HRDC may not return to the street. But if he is an idiot, he will worsen the matter; we are watching for the wise can take the city without a weapon, but fool ruins his own high sit with his mouth for thinking that he has military muscle. Save your presidency and have no one to admire you or save Malawi and have all to love you.

  19. IN THE FIRST PLACE THIS SUPREME COURT ORDER MEANS EVEN AFTER DIGGING DEEP INTO THE CONSITUTION, THE SUPREME COURT JUDGES FOUND OUT THAT CONSTITUTIONALLY DEMOS CANNOT BE COMPLETELY STOPPED.SECONDLY WE ALL KNOW THAT AFTER EXPIRY OF 14 DAYS THE TWO SIDES WILL STILL NOT AGREE THEREFORE KALEKENI KAPHALE WILL HAVE NO WHERE TO GET ANOTHER RELIEF, HRDC WILL HAVE TO PROCEED WITH THE DEMOS.IF I WERE PETER MUTHALIKA, I WOULD FIRE JANE ANSAH WITHIN THE 14 DAYS TO CLOSE THIS CHAPTER.

    2. it will be dangerous to proceed with violent demoz!!! if no consensus is reached they will go back to the court!!!

    7. Malawian – don’t be stupid brother, also you should tell your uncle Mitambo to committee himself how is he going to conduct the violent free demos…………apo biiii timupatsa mimba chaka chino

  21. There is something missing here. Isn’t it normal in High or Supreme Court rulings to name the composition of panel of judges that made the ruling? I smell DPP hand in this
    All those rejoicing at the ruling must obviously be pro APM. DPP, through their cadets infiltrating demos and painting peaceful demonstrations as violent have achieved their goal, albeit short-lived.

    1. Idiot.Who told you that the high court or supreme court is always a composition of judges hearing a case..Matama basis mutu multi thovu..

    1. Supreme court should not stop facilitating creation of a ticketing time-bomb in Malawi. Courts should stop carelessly start playing with people’s emotions. The bomb will explode one day not even courts or police will be able to contain it. In Sudan the military decrees or forces have finally failed, Bashir is caged. Don’t play with natural forces of revolutions, they are unstoppable.These moratorium are fake and COSMETIC. Courts should avoid being USED and be on the WRONG side of HISTORY IN MALAWI

  23. Good move indeed. HRDC should have its own security to ensure their demoes are peaceful as they claim. Thanks to former IG Rodney Jose who did not hide words to say as police they had no capacity to contain the violent protesters hence asked HRDC to liaise with Police on security modalities which many were against. Now today mawu akulu akoma akagonera thats why Supreme court has ruled the same. Bravo inu a Supreme do your job proffessionally without any intimidation and favour.

    1. Police everywhere must protect the citizens, it is not the weapon for the ruling party to punish those who oppose it. Muthalika has to do something out of good faith, it is well understood that Ansah won’t be allowed to hold any election as far as the opposition is concerned, so she is of no need to hold on to her, it like running to a dry strim when one is thirsty and about to die.

  25. Wagwa nayo Mtambo and his henchmen fake accent ex-reverend Nyolonyo Yona and Arafat. Mafana acheperatu… Kkkkkkkkkk

  26. This is how con court can be suffocated for actual justice.Should we obey Just within 30 minutes by suprime court to get other order ¿??¿??????¿¿??.Our taxes are wasted

  27. I feel sorry for my country, Malawi.
    My 5 year old son was asking me today afternoon, Dad, where are the leaders for this country?, ruling, opposition, faith and local leaders?.
    He said the country is burning with no one caring to put off the fire. I felt, I am part of the problem.
    I have made a decision to be on the streets tomorrow, maybe our leaders will come back to their senses!

    2. So Popi, why did you fail to answer your lad? I can answer on your behalf. Some of the leaders are at state house watching the country burning. The other leaders are in the streets burning the country; and blaming those at state house for watching them burning. Your kid knows where your conviction is.

      1. Popi,admit that u r a fool! U r the ones responsible for all this mess. Yr protests r infringing on other people’s rites.

    1. When judges allowed you demos previously did you have a question like that?? They allowed you to demonstrate and broke and destroyed and stole things??? Maybe you right to steal again has been denied???

      1. You c how unappreciative u r damn heads. When it was in yr favour, it was gud but now its in the favour of the govt., u say corruption! Nonsense!!

  29. KHOTI LIMENELO KACHIKENA, MWALETSA MADEMO KUMA- AIRPORT POPANDA CHIFUKWA CHOMVEKA BWINO NDIYE PANO MWATI MULETSE M’MIZINDA TSOPANO?.IZI ZIKUTANTHAUZA KUTI MUNAPANGA MALAMULO OPANDA NTCHITO ETI?. DICTATORSHIP TSOPANO.

    1. research what a peaceful demonstration is. get your national constitution and study it. then you will answer yourself

  32. At long last, some jurists now see the negative outcomes of these demos, by mostly Malova, plainly overwhelm the public in many aspects of their lives.
    And, to be clear, the Courts are not supporting the government, but rather Malawi and Malawians. If the jurists were speaking in their capacities as Malawi citizens, they probably would have plainly say “… enough is enough.” And told off HDRC in no uncertain terms.
    Mtambo and co.: ayamba kukumananazo. What a bunch of egotistical anarchists/political terrorists who are neither needed nor wanted in our poor country.
    Asa.

    1. Kenako ma judge omwewo DPP ikadzayamba kuwafinya, kumatuwa pa town pa town it’s when they will realise “njoka saweta”. The judiciary will lose its influence, judges will be disempowered and this country will truly be dead and buried. Do not be overzealous DPP ilibe nzaketu.

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