A panel of three High Court judges that presided over the lockdown case in Lilongwe, has declared the lockdown that was instituted by former President Peter Mutharika as illegal and unconstitutional.
In it’s judgement, the court has also said that the then government was ill-advised on instituting a lockdown before making provisions on how Malawians would survive.
The court has therefore recommended that government should enact a new Public Health Act that should be responsive to situations such as covid-19.
Further to that, the court has also advised government that, in future, it should carry out a thorough research and make provisions that will cushion those who are marginalized from effects of the lockdown.
The case was previously heard by High Court judge Justice Kenyatta Nyirenda but was later refered to the Constitutional Court where a panel of three High Court judges namely, Justice Ken Manda, Justice Fiona Mwale and Justice Dorothy Degabriell handled the case..
Human Rights Defenders Coalition, Women lawyers Association, Church and Society, and other churches
sought relief from the court in April after former President Peter Mutharika declared a lockdown.
The parties objected to the lockdown, arguing it was illegal and that no provisions were made to cushion Malawians from effects of the the lockdown.
