State defies court directive, continues to keep Wandale in mental hospital
The High Court in Lilongwe has directed the State to uphold any action against Vincent Wandale, self-proclaimed leader of the United States of Thyolo and Mulanje (MUST) and Peoples Land Organisation (PLO), until an inter-parte hearing on the matter is heard.
Wandale has spent a night at Zomba Mental Hospital after medical doctors reportedly certified that he is suffering from a mental disorder and recommended that he should undergo mental rehabilitation.
The grounds, terms and conditions of seeking declaration orders and stay included that the decision of the learned magistrate was unlawful and ultra vires and is inconsistent with Section 133 of the criminal procedures and evidence code.
It further indicated that the court fettered its discretion when it heavily relied on medical report that emanated from government funded hospital and disregarded the application’s plea to have his mental status assessed by private independent medical institution.
“The decision of the court to order the applicant to be admitted to Zomba Mental Hospital is unlawful and unconstitutional as it is contrary to the applicant’s right to choose medical practitioners for health treatment,” it reads.
According to Wandale’s lawyer Oscar Taulo, following the directive, the state was not supposed to maintain the order granted on November 16 by the Lilongwe Senior Resident Magistrate Court that Wandale be admitted to Zomba Mental Hospital.
“Following the directive both parties were not supposed to act unless the matter is resolved because implementing the order means that proceedings before the court are nugatory thereby rendering the application useless,” he said adding that as of now they are just waiting for feedback from the state and direction from the court regarding the matter.
Following the inter-parte application for stay of execution of order before commencement of proceedings, the Lilongwe High Court has directed that hearing of the matter should commence on November 28.
Wandale who was arrested in October after his failed inauguration as leader of the African Traditionalist Republic of the United States of Mulanje and Thyolo (Must), was taken to Zomba Mental Hospital on Monday November 20 2017.
Speaking in an interview on Tuesday from Zomba Mental Hospital, Wandale insisted that the whole issue is “a plot by the state to eliminate him”. He refuses to take any medication at the hospital saying he is not sick.
“I refuse to take their medication unless it is administered by my chosen physician. I’m not mad. It’s a plot to kill me.
They say they want to treat me to change my mind that Thyolo and Mulanje is not a sovereign state. I say I can’t change that because it is the truth and laws provide for it.
They say that’s delusional and there is medication for that. I insist it is PLO saying it not me but they deny it. It’s a plot, I plead with the United Nations special rapporteur on indigenous people to help me deal with this violence from Malawi government,” he said.
