Attorney General won’t contest Judicial Review on injunction against National Lockdown

 

By Duncan Mlanjira

Attorney General Kalekeni Kaphale has filed with the High Court of Malawi the Government’s decision not to participate in the Judicial Review case number 22 of 2020 that came about following an injunction granted by Judge Kenyatta Nyirenda that stopped the government from executing its intended plans for a National Lockdown.

The lockdown was supposed to be effected from midnight of Sunday, April 19 but Human Rights Defenders Coalition (HRDC), together with Esther Cecilia Kathumba; Monica Chang’anamuno, and Church and Society Programme of the Livingstonia Synod of the CCAP filed and were granted the injunction on April 17.

In granting the injunction, Justice Kenyatta Nyirenda also ordered an inter-partie hearing within seven days for judicial review.

HRDC sought for the injunction, saying the government did not address any measures attached to the Lockdown to cushion the poor who live below the poverty threshold.

When the Government announced the intention to execute the lockdown, there were protests in the streets of Mzuzu, Lilongwe and Blantyre by small enterprise business traders against the lockdown that prompted the concerned parties to seek the injunction.

The Attorney General now says as a defendant — together with the President of Malawi; the Minister of Health; Inspector General of Police and the Commander of the Malawi Defence Force carefully considered their position and no longer desire to argue any application to vacate the interlocutory injunction or to be heard in relation thereto.

Kaphale also says the defendants no longer desire to contest the permission to move for the judicial review and “do hereby withdraw their court processes filed on 21st April, 2020”.

For the record, the said court processes and supporting documentation comprise:

*The Application to Discharge Permission for Judicial Review;

*The Sworn Statement of Neverson Chisiza in support of an application to discharge permission for Judicial Review;

*The sworn statement of Dr. Dan Namarika in opposition to an application for the interlocutary injunction; and

*The skeleton arguments in response to the application for interlocutary injunction and application for an order discharging permission for Judicial review.

Meanwhile, the Minister of Health & Population, Jappie Mhango said the country has registered 10 cases of Coronavirus (COVID-19) from Kaliyeka area in Lilongwe within the last 24 hours.

The Minister disclosed the development on Thursday during a media briefing in Lilongwe, saying they had contact tracing and collected 24 samples and out of these 10 were confirmed to be positive. 

“We have 33 cases and out these three have died, three recovered and 27 are active cases,” Mhango said. “All the active cases are in mild conditions.”

He pointed out that the country has registered a third death due to COVID-19, case that was confirmed on Tuesday at Kamuzu Central Hospital (KCH) but died on Wednesday.

The Minister added that the Ministry was still on the ground to ensure that all contacts are followed up and that all active cases are managed.

He reminded the public to continue with practicing the preventive measures and these include staying home when sick, and consult medical provider immediately if they experience severe symptoms.

“People should cover cough or sneeze with a tissue, then throw the tissue in the trash and wash your hands thoroughly with soap and water. 

“People should avoid close contact with people who are visibly sick with flu-like symptoms fever, cough, and sneeze,” the Minister said.

Mhango said if soap and water are not available, people should use an alcohol-based hand sanitizer to fight against the spreading of the virus.

He assured Malawians that they should know that all deaths from Coronavirus and other similar diseases are handled by health care workers.—Additional reporting by Daniel Namwini, MANA