A High Court in Malawi Tuesday morning dismissed government’s request to place an injunction on all protests relating to post-election disputes in the southern African country little knowing that the protest will turn extremely violent and bloody.
The Attorney General had petitioned the court to ban the protests which have over the last few months resulted in clashes between opposition elements and security forces.
The court in Lilongwe dismissed Attorney General Kaleleni Kaphale’s application for a injunction against the protests.
Parts of Justuce Nyirenda’s ruling read as follows: “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 the 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.”
The post-election protesters in Malawi’s capital Lilongwe went wild setting on fire a police armoured vehicle and a police officer’s house.
The demonstrators also grabbed teargas launchers from officers.
The fracas started when law enforcers attempted to disperse the protesters by firing teargas, igniting running battles between the angry demonstrators and the police.
The police’s action against the demonstrators was done in the belief that the protests were illegal unaware of the court ruling.
Similar post-election demonstrations are being conducted in Mzuzu and Blantyre.
In Lilongwe, protesters are expected to march to Capital Hill.
Protesters have been filling the streets since the elections in May.