High court in Malawi says lockdown is unconstitutional

The High Court sitting as Constitutional Court which was hearing the Lockdown cases has ruled that the Covid-19 rules that were gazetted on April 9, 2020, were unconstitutional.

(African Stand) — The high court in Malawi has ruled against a lockdown imposed by the previous government, says is unconstitutional.

The High Court sitting as Constitutional Court which was hearing the Lockdown cases has ruled that the Covid-19 rules that were gazetted on April 9, 2020, were unconstitutional.

Three judges that were hearing the case; Fiona Mwale, Dorothy De Gabrielle, and Ken Manda made the ruling on Thursday 3, August 2020.

“The Minister of Health has powers to make subsidiary laws without departing from the parent Act, hence the Covid-19 rules under which the lockdown obtains are unconstitutional in view of section 44,45, 46 and 58 of the constitution,” reads the judgment.

In April this year, the then ruling Democratic Progressive Party (DPP) under former president Peter Mutharika imposed a 21-day lockdown as a way of containing the spread of the novel Coronavirus.

However, some stakeholders rushed to court seeking an injunction against the said lockdown.