In a long and highly unusual judgment, a judge of Malawi’s high court has shown that the country’s legislation is completely unprepared to manage the coronavirus pandemic, and without the appropriate regulations or, in some cases, even appropriate laws. The judge made these findings in a case that concerned 10 Chinese nationals visiting the country. In a series of steps by officials of Malawi’s immigration and citizenship services some were deported, while the remaining four are still in Malawi although attempts were made to send them back to China.
The decision delivered by Judge Kenyatta Nyirenda in this case is long, dense and in parts highly unusual in style.
In view of the significance of the judgment, for Malawi and other countries needing to make regulations to manage the coronavirus pandemic, this discussion of the judgment is longer than usual. It is divided into three parts: