Malawi Attorney General appeals ruling on demos

Malawi’s Attorney General Kalekeni Kaphale has appealed to the Supreme Court against a lower court ruling on his application to have the post-election demonstrations banned.

Kaphale recently applied to the High Court for the ban of the demonstrations saying the demos have put several business activities in the country to a stand still.

The Attorney General further said that the country is losing a lot of money as some of its infrastructures are mercilessly being damaged during the demonstrations which have turned violent despite organizers promising peace.

In his ruling judge Justice Kenyatta Nyirenda ruled against the Attorney General and gave a go ahead for the demos arguing that the constitution gives the citizenry the right to demonstrate.

The ruling saw HRDC holding another demo in all the cities of the country which as usual turned sour as riots occurred in most parts where it took place.

The Attorney General has since appealed to the Supreme Court to have the demonstrations completed banned in the country.

In his appeal, Kaphale said Judge Nyirenda erred by not taking into consideration that the demonstrations which are underway are unlawful and are putting lives of most citizens on risk and they are breaching subjudice law.

“The learned judge erred in law and fact in failing to consider that the balance of convenience in the circumstances lies in favour of granting an order of interlocutory injunction.

“The learned judge erred in law and fact in failing to find that the demonstrations in issue are unlawful and therefore covered under section 38 of the constitution,” reads part of Kaphale’s appeal.

Meanwhile, HRDC has moved vigils from Parliament premises to government headquarters, Capital Hill as its chairperson, Timothy Mtambo, said police are to blame for the violence in Lilongwe.T