Courts are open and working in Malawi. They have said: “The judiciary is enjoined by sections 9, 45, 103 of the Constitution to ensure that the rule of law is upheld at all times, be it before, during or after a state of emergence (or a state of disaster) has been declared...

... The Court is perfectly entitled to inquire into the legality of measures taken by the State in response to a state of emergency (or a state of disaster)...

... A declaration of a state of emergency (or a state of disaster) does not give the state (read executive) carte blanche to exercise power indiscriminately. The substantive and procedural limitations imposed by the law have to be observed...

... For example, I fail to understand (perhaps it is because I have legislative drafting background) how it is possible to make a momentous decision relating to a declaration of national disaster without citing the law under which the declaration is being made...

... Was this just a case of inadvertence or the authorities were trying to patronize Malawians? From where the Court stands, the latter appears to be the case rather than the former...

... The Court will help in ensuring that all necessary measures put in place, be it by the legislature or the executive branches, are enforced. However, it has to be made clear that the Court will not be part of a fight against the epidemic that is being waged outside...

... of the law. Equally true, the Court will not endorse measures that are unconstitutional and ultra vires. This country is founded on the rule of law: see sections 9, 12, 45(6) and 103 of the Constitution.”