The Attorney General has appealed to the Malawi Supreme Court of Appeal against Justice Kenyatta Nyirenda’s ruling regarding the demonstrations.
Some of the grounds for appeal are that the “Judge erred in law and fact in failing to find that the demonstrations in issue are unlawful and therefore not covered by Section 38 of the Constitution.”
Section 38 of the Malawi Constitution stipulates that; Every person shall have the right to assemble and demonstrate with others peacefully and unarmed.
“Even, if which is denied, the injunction would pre-empt the main action, the very clear evidence of violence during 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,” reads part of the appeal by Attorney General.
Meanwhile analysts have quashed the appeal, saying it’s a move by the Democratic Progressive Party (DPP) government to silence its critics.