The High Court in Lilongwe has thrown out the Attorney General’s application for an injunction to bar Anti-Justice Jane Ansah demonstrations organised by Human Right Defenders Coalition (HRDC).
The ruling by Justice Kenyatta Nyirenda paves way for the civil society group to hold what it has termed mega demonstrations across major cities in the country.
HRDC lawyer Khwima Mchizi confirmed of the development saying the court served the ruling this morning around 6 am.
Here’s part of the ruling on the matter:
As was rightly conceded by the Attorney General, the Courts have held, with an almost crusading zeal, in favour of protecting the right to demonstrate.
The Attorney General contended that it is high time the Court re-examined the approach hitherto taken by the Courts: the right to demonstrate should not trample the other constitutional rights such as the right to economic activity, right to property, etc. but there must be a co-existence of rights, so he contended.
To my mind, this means that until a contrary decision is made in a substantive matter, this Court has to go by current legal position. In short, the status quo holds good.
In view of the foregoing and by reason thereof, the application by the Claimant is dismissed with costs.
Pronounced in Chambers this 6th day of August 2019 at Lilongwe in the Republic of Malawi.
