18/07/2011

The Injunctions Bill

CELA has lent its support to the reversal of what is popularly known as the  "Injunctions Bill" (Civil Procedures Bill Number 27 (Suits by or against the Government or Public Officers) (Amendment) Bill of 2010).  The bill aims to restrict the courts from granting injunctions against public officers or entities, including those sought by both public and private individuals.

Against strong public outcry, Parliament passed the bill on 15 June, voting 100-40 in support.  It has been said since that if it had been by secret ballot, the bill would not have passed. 

Following this, the Malawi Law Society expressed dismay at the bill's passing, and Lilongwe lawyer Wapona Kita filed for an injunction, which was granted on 20 June, to prevent President Mutharika from signing the bill into law.  The court order can be downloaded in .pdf format as well.

The injunction prevented the codification for a short time, but then in defiance of the court order President Mutharika signed the bill into law on 13 July.  It remains to be seen what will happen next regarding the bill's effects, considering its apparently contemptuous authorization.