Supreme Court refuses to suspend anti- Ansah protests

October 1, 2019 Owen Khamula - Nyasa Times 44 Comments

The Supreme Court of Appeal has refused to grant permission for suspension of the ongoing anti-Jane Ansah protests, saying there are better ways of dealing with criminality and violence.

Justice Lovemore Chikopa delivered the ruling

The Attorney General Kalekeni Kaphale sought an injunction restraining the Human Rights Defenders Coalition (HRDC) from holding any demonstrations until they have financially compensated those who suffered damage to person or property during previous demonstrations.

But Justice Lovemore Chikopa, in his ruling refused to grant such an injunction against the protests.

“We will not grant them. Not because there has not been violence or criminality. Not because there is no possibility of criminality or violence.

“But because, there are in so far as the applications are premised on possible violence and criminality, better ways of dealing with violence and criminality,” says Chikopa.

He said for instance the police lack of resources the solution is not to stop demonstrations, saying it is to resource the police adequately.

“It is not enough in our view to just stand up and claim lack of resources. We think anybody can do that.

“Even more than the Inspector General should have gone on to show that such want of resources was though no fault of police service and that they up to this point done all they could retrieve the situation to no avail,” Chikopa said.

The Supreme Court judge said the issues raised by the Attorney General could have been raised before district commissioners or anyone acting on their behalf.

Chikopa said in case of not having been satisfied with the outcome from the district commissioners, the attorney general then could have gone to the High Court and eventually the Supreme Court.

“The fact that the Inspector General does not make reference to any meetings or discussions under Section 98 means that there were never any such interactions,” said Chikopa.

Chikopa said the Republican Constitution unconditionally gives the right of the people to demonstrate, saying the executive have therefore no powers to ban it or the executive cannot use the courts to ban the protests.

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44 replies on “Supreme Court refuses to suspend anti- Ansah protests”

  1. And yet mzimayi uja nkumati I’m feeling anomal life..anthu akuwonongeledwa katundu , kumphedwa ndi zina zotelo chifukwa cha iye, iye nkumawoneka okondwa ndi onyadila, ufiti sungaponsele apayi, please Mr President how hard can be to convince your sisiter( ansah,) to step down for people’s sake?? You think people ar demonstrates for nothing? If you think that you won anelection clean, why udont proove it by doing what people are demanding??what you scared for??

  2. Hope AG has been sat down for good this time around. Nanga tinene kuti pano apita nayo ku Hague? Just out of curiosity, does it mean the AG was not aware of the anticipated outcome? Is he really using his brains or someone is forcing him to do what he is doing. He may become irrelevant very soon if he is not aware.

  3. I am feeling sorry for Kalekeni Kaphale, he is reduced to a 3rd year Law student not at Chanco ofcoz..hahah mpaka adakapita kwa DC kkkk DPP thinks they are above the law

  4. Dear judges ( judiciary ) please don’t take any trash from dpp cadets —‘-they are confused right from the top to bottom —- God bless you !

  5. I am always sad that some people resort to foul and abusive language; obviously because they have nothing constructive to offer. I have gone through Justice Chikopa’s ruling and most of what I read is nothing but logic. What this has to do with his personal appearance, as commented on by someone on this forum, is something I cannot understand.

  6. It seems there is a New Strategy by the Powers that Be to Use the Courts inorder to minimise Freedom of Expression…We saw it with Banning of Phone in Programmes ,then Using the courts to stop Demostrations …How far will this go…Let’s address the Real Issues…Nepotism ,Corruption,DPP Cadres thinking they are above the law ,Quota System…All these have Contributed to the Anger we are seeing…Ndie Anyapapi ena kumamenyaso Anthu ku mademo…sikuwonjezera Moto kumeneko?

  9. Nkhondo iyi siyathu… politicians both in ruling and opposition are the ones to benefit.. ma judgewo siziwakhuza ata! I only pray we should not see live bullets landing on some fresh!

    1. Ngati Ulibe mfundo ukhale chete iwe wokongola mumaonekedwe koma mu mutu muli Madzi amu toilet okha okha ntchito kuwetedwa ndi DPP ngati chiweto

  11. Nde mkumati mchifukwa chake mchiyani cho pitira ku seu mademo osachotsa munthu yemwe mukumufunayo koma kuphetsa anthu osalakwa

    1. Inu chinyanja Cha chilomwe ‘ mchiyani’ ‘ mchifukwa’ gogo wanu athawa pasanathe Chaka chino

  12. The highly respected and professional judge ever, that’s you Mr Chikopa once again with hottest judgement against IDIOTS like Mutharika, Kaphale and the rest of their team.Kkkkkkk! Huuuuu!!..😂😂😂.

  15. His Excellency JUSTICE CHIKOPA, I am for the first time been highly impressed with your ruling that ;
    The Executive have no power to Or any opportunity to use the Courts to ban demonstrations as long as it is done on a peaceful manner.This is very shameful to Mr Kaphale who doubles as MEC lawyer and at the same time Chief lawyer of the Government. You one problem we have in Malawi is that all the time Judges are appointed by the president and causing and inter- fear with Judiciary. I really admire SA who can take their President left,right and Centre because of the system of Judiciary they follow. In Malawi Judicial system no Judge can rule against the president how serious criminality he can cause.
    NANJI TUMA JUDGE UTU TWANGOBWERA TWA KU NTHYOLOTU from Magistrate courts NDIYE TUNGOKONDERA WITHOUT READING THE LAW. The beauty with Judiciary is that even a judge cause any grave error the Chief Justice has no powers to dismiss him or her hence Judges do not fear or respect one another.

    1. read your article again if you think mr. kaphale should be ashamed and the judge be called his excellency. tell the people when demos have peaceful?

      1. I am from Mozambique and settled in Mulanje and my English is too good to either call Justice Chikopa H.E. Or Hon. And for your info.we have seen demos in other countries on a peaceful manner as long as they are not provoked .For instance we recently had seen on Tvs the Dpp Cadets coming out of trade fair where Nankumwa was and inciting Violence in the Highway and seen police too covering and chasing all demonstrators and now that Judge refused your Kaphales request who is now ashamed?

  18. 17 demonstrations and no tangible achievement, only death, beatings and theft. Nanu Justice chikopa you are being too legalistic in your interpretation of the law

    2. Who said it takes one demonstration for a revolution to see its fruits? Sometimes it takes years! Freedom doesn’t come with no sacrifices.

  19. Fix the problems and not trying to suppress the law. Mutharika, see it is possible to govern well. Be mindful in few years to come you won’t be the head of state, then why fighting the laws you will need ? We are told you are a constitutional law expert but looks like its just for passing exams

  20. Only if we had functioning systems like this and functioning brains then Malawi would be like a better place to live!

  21. What a shameful judge is justice Chikopa on this vengeance of immoral cerebrations by unruly PEOPLE.BEING A CHEWA OF CHEWA HERITAGE NO WONDER WHY HE RULES FOR THE FAVOUR OF THE VIOLETING MARRAUDERS ONLY TO DISGRANTLE THE RULLING GOVERNMENT.IT CLEARLY SHOWS THAT SOME JUDICIARY EXPERTS ARE IN THE FAVOUR OF OPPOSITION BASING ON THE ILL WISHING OF LOMWE LEADERSHIP.EVEN IF IT WAS TUMBUKA LEADERSHIP,CHEAS WOULD STILL HAVE CRITICISED FOR THEY BELIEVE THAT MALAWI IS BY VIRTUE A CHEWA LEARNING NATION .SO THEY SEE IT AS A TABOO TO BE RULLED BY SOMEONE WHO IS OF THE MINORITY IN POPULATION

    1. Well, not everyone can like the ruling but deep down your brains you know the Judge is right. Without taking sides, there is so much pressure to our AG. He need to relax and reflect on issues before making any move. A minor consultation would also save his day.

      Again, this is not about who made the judgement against who. Lets stop relating everything to tribes or regions

    3. It does not matter where Justice Chikopa is coming from but to me he has shown his maturity in law interpretation and not that Thyolo boy who is just promoted or selected to be a Judge and yet he does not read books enough.

    4. The judgement is based on the republics constitution not on party affiliations. So please lets leave our judges to make their independent opinion on constitutional matters.

  22. Kkkkk Educate this foolish Kaphale to understand the Law much better.

    It seems he lack Capacity to be Attorney General, he does things in hurry not taking precaution measures.

    Chikopa your observations is indeed up to the point. We need supreme charge to have that calibre.

    1. Ndimumene aluziletso mulandu wa dzitdankho ,Akulu kupupuluma ndichifukwa chake A Mchacha akuwagwilitsa ntchito ngati Condom

    1. CHIKOPA MULUNGU AKUSUNGENI NDI MOYO WAUTALI…DONT LISTEN TO FOOLS LIKE KAPHALE, PITALA, DAUSI AND JANE MADANDO ANSA

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