Attorney General (AG) Kalekeni Kaphale has appealed to the Supreme Court Justice Kenyatta Nyirenda’s ruling dismissing an application for an injunction against Anti-Justice Jane Ansah demonstrations which have been organised by Human Rights Defenders Coalition (HRDC).
In a notice of appeal dated August 6 2019, which The Daily Times has seen, the AG, among other grounds, argues that the demonstrations are unlawful as they are characterised by damage and violence.
The AG further argues that the applicant should have been granted the injunction as there is clear evidence of violence during the demonstrations.
“The learned judge erred in law and fact in failing to consider that the balance of convenience in the circumstances lies in favour of granting an order of interlocutory injunction,” the appeal document reads.
The AG also argues that the Judge erred in failing to consider that the defendants, HRDC, have never given evidence of their capacity to pay compensation for the damage caused.
“Even if, which is denied, the injunction would pre-empt the main action, the very clear evidence of violence during the demonstrations should have been taken into account by the Learned Judge in finding that the demonstrations that the defendants convene are always unconstitutional and this should have persuaded the Learned Judge to grant the injunction sought,” the appeal further reads.
If the injunction were granted, HRDC was to be restrained from convening or holding any further demonstrations anywhere in the country.
High Court Registrar, Agnes Patemba, confirmed receiving the appeal.
“We will wait for them [AG] to give the court necessary documents so that the case should be given a date,” she said.
As of yesterday morning, HRDC lawyer Mkhwima Mchizi said they had not been served with the appeal.
Mchizi said they were ready and confident of the arguments they raised in the lower court.
HRDC maintains they would continue with the nationwide demonstrations until the Malawi Electoral Commission chairperson steps down.
On Tuesday, HRDC Chairperson, Timothy Mtambo, said people who are destroying property are not part of their peaceful demonstrations.
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