Constitutional Court to hear lockdown case

Chief Justice Andrew Nyirenda has certified as a constitutional matter the case in which some individuals and civil society organisations (CSOs) sought an injunction to stop government from effecting a 21-day national lockdown.

In a notice dated April 30 2020, the Chief Justice said the matters in the case comply with Section 9(2) of the Courts Act which stipulates that matters relating to or requiring interpretation of the Constitution shall be heard and disposed of by or before not less than three judges.

In his ruling on April 28 in which he sustained the injunction he had granted against the lockdown on April 17, Kenyatta Nyirenda said the nature of the issues raised required him to refer the matter to the Chief Justice for certification.

Human Right Defenders Coalition (HRDC) and the Church and Society Programme of CCAP Synod of Livingstonia were among parties that stopped implementation of the lockdown which Minister of Health Jappie Mhango indicated was meant to contain the further spread of the coronavirus (Covid-19) pandemic.

The lockdown was scheduled to roll out at midnight April 18 to midnight May 9 with a possibility of extension.

But the announcement sparked spontaneous protests nationwide before HRDC went to court to obtain the order.