S v President of Malawi & Ors.|Ex Parte: Kathumba & Ors. (Judicial Review 22 of 2020) [2020] MWHC 7 (17 April 2020)

REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY JUDICIAL REVIEW CAUSE NO. 22 OF 2020 (Before Honourable Justice Kenyatta Nyircnda) THE STATE AND PRESIDENT OF MALAWI MINISTER OF THE MALAWI GOVERNMENT RESPONSIBLE FOR HE ALTH INSPECTOR GENERAL OF THE MALAWI POLICE SERVICE COMM ANDER OF THE MALAWI DEFENCE FORCE ATTORNEY GENERAL EX-PARTE: ESTHER CECILIA KATHUMBA MONICA CHANG’ANAMUNO Hl MAN RIGHTS DEFENDERS COALITION CHURCH AND SOCIETY PROGRAMME OF THE LIV1NGSTONIA SYNOD OF THE CHURCH OF CENTRAL AFRICA PRESBYTERREAN Ist RESPONDENT 2nd RESPONDENT 3R0 RESPONDENT 4th RESPONDENT 5th RESPONDENT 1st APPLICANT 2N0 APPLICANT 3rd APPLICANT 4T" APPLICANT ORDER GRANTING PERMISSION TO APPLY FOR JUDICIAL REVIEW AND INTERLOCUTORY ORDER OF INJUNCTION (Made on 17* day of April 2020 by Honourable Justice Kenyatta Nyirenda in Chambers) Penal Notice ii you disobey this Order, yourselves or your officers, employees, agents may be found guilty of Contempt of Court and may be sent to prison or fined or your assets may be seized. The Order UPON READING the Sworn Statements in support of the applications for permission to apply for judicial review and for an interlocutory order of injunction made by ESTHER KATHUMBA, MONICA CHANG’ANAMUNO, KEZZIE MSUKWA, GIFT TRAPENCE and MOSES MKANDAWIRE; AND UPON HEARING Counsel on behalf of (he above named Applicants for Permission to apply for Judicial Review and for an interlocutory order of injunction in respect of the I"4 Respondent s promulgation of Public Health (Corona Virus Prevention, Containment and Management) Rules. 2020 and the decision to declare and enforce a lockdown made by the Respondents; IT IS HEREBY ORDERED, ADJUDGED and DIRECTED by the Court: 1. THAT the application for permission to apply for Judicial Review be granted as prayed for; 2. THAT the application for Judicial Review be made to a Judge in open Court and that the application shall be heard promptly; 3. THAT an interlocutory order of injunction is hereby granted restraining the Respondents, either through themselves or through their servants, agents, subordinates, employees or whomsoever on the Respondents’ behalf, from effecting and or otherwise enforcing the lockdown declared by the 2nd Respondent; and 4. THAT the said interlocutory order of injunction shall be valid for 7 days until the 24th day of April 2020 at 9 O’clock in the forenoon when the matter shall come for inter-partes hearing. DATED the 17th day of April 2020.