The High Court sitting as Constitutional Court which was hearing the Lockdown cases, has ruled that the Covid-19 rules that were gazzeted on April 9, 2020 were unconstitutional.
Three judges that were hearing the case; Fiona Mwale, Dorothy De Gabrielle and Ken Manda made the ruling yesterday.
“The Minister of Health has powers to make subsidiary laws without departing from the parent Act, hence the Covid-19 rules under which the lockdown obtains are unconstitutional in view of section 44,45, 46 and 58 of the constitution,” reads the judgment.
In April this year, the then ruling Democratic Progressive Party (DPP) under former president Peter Mutharika imposed a 21 day lockdown as a way of containing the spread of the novel Coronavirus.
However, some stakeholders rushed to court seeking for an injunction against the said lockdown.