Category: Health

By Duncan Mlanjira In its evaluation of a number of instructions and measures which Malawi Government has made in containing the Coronavirus (COVID-19) pandemic, Malawi Law Society (MLS) contends that some of these have far reaching implications since they involve the Legislature. In its Legal Guidance Paper on Management of COVID-19 Disaster, MLS notes that President Peter Mutharika instructed some withdrawal of funds from the Treasury but these announcements or instructions do not amend section 173 of the Constitution…

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By Duncan Mlanjira Malawi Law Society (MLS) is recommending that the measures announced by the President and all civil protection pursuant to the declared state of disaster need to be reduced into law; either as a substantive Act of Parliament, or subsidiary legislation.  “Failure to do so is to deny the people of Malawi participation in the response to the declared disaster on two fronts: first, there would be no consultative input from the people of Malawi, and second,…

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By Duncan Mlanjira Malawi Law Society (MLS), while agreeing that the Malawi President is authorized to make a declaration of State of Disaster, which in and of itself is subsidiary legislation, however the law does not authorize him to make any regulations.  “That is for the Minister responsible for disaster relief, in this case, Hon. Everton Hebert Chimulirenji until the Minister responsible for Disaster Preparedness and Relief regularizes the pronouncements that have been made by the President and…

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By Mayamiko Phiri Secretary for Health Dr. Dan Namalika announced on Wednesday sox new cases of Coronavirus (COVID-19), now at 23 from 17. At a press briefing in Blantyre Dr. Namalika said all 6 new cases have been registered in Lilongwe — one an Area 3 resident who recently travelled to India. The other 5 cases were registered in Kaliyeka area involving a Malawian  male who recently travelled to Tanzania and upon return tested positive for Coronavirus together with…

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By Duncan Mlanjira Malawi Law Society (MLS) says it consider that any decision, initiative or action taken by the Special Cabinet Committee on COVID-19 after 20 March 2020 (technically from 3 April 2020) with regard to ‘Civil Protection’ on Coronavirus is without legal authority, or put differently, without any lawful excuse. MLS, in its Legal Guidance Paper on Management of COVID-19 Disaster, contends that the Ministers in the special cabinet committee are not members of the Disaster Preparedness and…

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