Malawi: Judicial Review Against Mandatory Covid-19 Vaccination Is Baseless - Ag

By Gladys Chingaipe

There is nothing unconstitutional about asking people to be vaccinated as the Republican constitution only bars forced medical experiments or trials and not vaccinations, the government's chief legal advisor has said.

Action-oriented Malawi's Attorney General (AG) Thabo Chakaka Nyirenda has described the application for permission of judicial review and an injunction stopping government from implementing Mandatory Covid-19 vaccination to some groups of people as baseless and frivolous.

Chakaka Nyirenda's statement comes hot on the wheels following Center for Democracy and Economic Development Initiative (CDEDI) and a freelance journalist Mundango Nyirenda have jointly applied to the court for an injunction seeking to restrain the Office of the Attorney General and Parliament from implementing the mandatory Covid-19 vaccination on their employees.

Speaking in an interview with Nyasa Times, the Attorney General 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 Attorney General 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.

Nyirenda 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.

Further, the Attorney General 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 explained that the constitution does not talk about vaccination.

The Attorney General has said human rights have corresponding responsibilities insisting that there is no human right that is superior to the other.

Said Chakaka Nyirenda: "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 and a responsibility to safeguard others and therefore not to infect another person with a virus."

This article originally appeared on Nyasa Times

Photo: Nyasa Times