
The High Court order restraining government and Malawi police from stopping Human Rights Defenders Coalition (HRDC) from holding nationwide demonstrations has been overshadowed with the moratorium issued by Supreme Court of Malawi retraining the civil society organisations from holding the protests.
Supreme Court is the upper court in Malawi and it’s orders respected as an authority in all judicial matters in the country.
The High Court had earlier on Tuesday granted HRDC permission to commence judicial review proceedings over decision by government banning demonstrations.
It also ordered that the HRDC could proceed to peacefully assemble and demonstrate unarmed.
However, the Malawi Supreme Court of Appeal has since issued a 14 day moratorium against the HRDC from holding any demonstrations in Malawi .
The moratorium paves way for the HRDC, the Malawi Police Service and local government assemblies to discuss and agree on security modalities aimed at preventing property damage and personal injuries during future demonstrations .
This means the High Court order allowing demonstrations is set aside by the Supreme Court until the 14 days.
The Government will use the ensuing deliberations to see how prepared the HRDC is to deploy its own marshalls or crowd controllers to avert incidents that have so far marked each and every one of their outings on the streets of Malawi.
Government contends that the country should not continue to allow these violent protesters to make use of the constitutional right to protest to conceal the ulterior motives of opposition parties fronting the HRDC.