Lack of funds delays minority rights case
Funding glitches have forced the High Court of Malawi sitting as a Constitutional Court to postpone hearing of a case where Nyasa Rainbow Alliance is protesting against the rejection of its registration.
In the case, Nyasa Rainbow Alliance is challenging the Registrar General’s 2017 decision to refuse to incorporate it on grounds that the Penal Code criminalises same-sex marriages in Malawi.
The applicants want the court to declare the Registrar General’s decision as constitutional in that it violated the right to freedom of association as provided and guaranteed under Section 32(1) of the Constitution and that it violated the right to human dignity and freedom of expression as provided under Section 19 and 35 of the same Malawi Constitution.
Registrar of the High Court and Supreme Court of Appeal Kondwani Banda said in an interview on Monday that the three judges handling the matter are supposed to travel from Lilongwe, Zomba and Mzuzu registries, but the Judiciary has no resources to fund them.
He said: “Because of the funding levels in their respective registries, it has been a challenge. We are trying to move the Treasury to inform them that we have got this challenge, so we hope they will answer us in the mid-year review.”
The case, which former Chief Justice Andrew Nyirenda certified as constitutional in 2018, was expected to be heard from Monday to Friday this week.
In its application through lawyer Chikondi Chijozi, the alliance asked the Constitutional Court to interpret on whether the Registrar General’s decision to refuse to incorporate and register the alliance is bad at law.
In an interview yesterday, the lawyer expressed disappointment with the court’s failure to comment on hearing the matter due to lack of funds at the Judiciary.
Chijozi said: “My clients are extremely disappointed with the adjournment because they have been waiting for their day in court for years now. They lodged their case in Court in 2018 and this is 2022, the case has not been heard. It is quite frustrating for them.”
Ministry of Justice spokesperson Pirirani Masanjala was not available for comment as his phone went unanswered on several attempts. The office of Registrar General operates under the Ministry of Justice.
