We have been served with an Order of Injunction obtained from the High Court of Malawi by Leston Mulli and Others. The Order restrains several of our members from commenting in any way on the matter between Sunrise Pharmaceuticals Limited and Chombe Foods Limited vs The Attorney General.
The Order is dated 3 October, 2018.
We shall respect the Order as granted by the High Court as it is a valid order of a court of law exercising
competent jurisdiction under the laws of the land.
We have since instructed our lawyers to challenge the Order of Injunction of 3 October, 2018.
We have been advised by our lawyers that the Order must be challenged as
1. The matters under the Sunrise Pharmaceuticals Limited Case are in the public domain; they are true and open to public comment;
2. The Order violates several freedoms enshrined under the Constitution of Malawi most notably the freedom of expression and the freedom of speech; and
3. The Order amounts to a gagging order and, in that regard, it has no place in a democratic dispensation prevailing in Malawi.
Dated the 5th of October, 2018
Hon. Dr. Joseph Chidanti MALUNGA