The Office of the Attorney General has described as baseless an application for permission of judicial review and an injunction stopping government from implementing Mandatory Covid-19 vaccination to some groups of people.
The remarks by Thabo Chakaka Nyirenda, the Attorney General of the republic of Malawi, comes as Center for Democracy and Economic Development Initiative (CDEDI) and a journalist Mundango Nyirenda have applied for an injunction seeking to restrain government parliament and institutions from implementing the mandatory Covid-19 vaccination.
Nyirenda said CDEDI and the journalist have sued wrong parties as the office of the Attorney General and parliament have never made a decision for mandatory Covid-19 vaccination.
The AG also said the ministry of health is an improper party to the case as no decision has been made and implemented yet arguing that there are only plans to introduce mandatory vaccination in January.
He said the law provides that one does not commence proceedings on future events but one can only commence proceedings on things which have happened and have caused a injury arguing CDEDI has not suffered any injury yet.
Secondly, Nyirenda said there is nothing unconstitutional about vaccination saying the constitution only bars forced medical experiments or trial saying that vaccination is not a medical experiment or trial .
Further Nyirenda said the constitution does not talk about vaccination.
Thirdly, the AG has said human rights have corresponding responsibilities insisting that there is no human right that is superior to the other.
” Plus, there is evidence that the vaccinated stands a less chance of infecting others and getting infected. If one says that he or she has a right not to be forced to receive the vaccine- he or she has also a right not infect another person with a virus.” Nyirenda said in an interview.
