A panel of three High Court judges Ken Manda, Fiona Mwale and Dorothy De Gabrielle are working on the lockdown case, as a Constitutional Court, after Chief Justice Andrew Nyirenda certified that the matter requires interpretation of the country’s Constitution.
The Human Rights Defenders Coalition (HRDC) and others secured the injunction to block then-president Peter Mutharika’s declaration that Malawi should go into a lockdown to prevent the spread of the novel coronavirus.
The applicants argued that the order infringed on various rights of Malawians.
The matter was first brought before High Court judge Kenyatta Nyirenda who issued the injunction before referring it for judicial review.
Registrar of the High Court and Supreme Court of Appeal, Agnes Patemba, confirmed in an interview yesterday that three judges have been assigned to the case.
“Three judges were assigned and they have started working on the file. The court will use documentary evidence and submissions from the parties to make a decision,” Patemba said.
She added that the matter will be handled without having any hearing as compared to the election case which she said was special.
One of the lawyers for HRDC Sullivan Kagundu confirmed having been informed about the progress of the case.
The blocked lockdown was supposed to be implemented from April 18 to May 9 with a possibility of extension if the Covid-19 situation did not improve.