High Court decision upholds Muluzi's ban on demonstrations

In an about turn a Malawian High Court on Thursday overturned a previous court ruling declaring unconstitutional a ban by President Bakili Muluzi on public protests over his third term in office.

The move is seen as a boost for Muluzi, who said on Monday he would ignore the previous court ruling as it was "irresponsible and insensitive".

Malawi's High Court on Monday ruled that Muluzi could not ban demonstrations over a controversial campaign urging him to stand for a third term in office. The court ruling came after influential religious groups, including the Roman Catholic Church and the law society of Malawi, applied for an injunction against Muluzi's threat to stop demonstrations around the third term issue.

Judge Dunstain Mwaungulu ruled that Muluzi's ban violated the constitutional rights of freedom of expression and assembly.

But that ruling was overturned following an application by Justice Minister and Attorney-General Henry Phoya who accused lawyers representing groups opposing Muluzi's controversial third-term of shopping for sympathetic judges.

Spokesman for the Catholic Commission for Justice and Peace, Nicholas Mkwabata, told IRIN: "The latest ruling just proves that the courts have not taken the will of the people into consideration. We will take our frustrations to the street if need be."

In November last year, ruling party members of parliament moved a motion to impeach Justice Mwaungulu and two other senior judges for being partial to the opposition.

The present stand-off between the president and the judge is further evidence of the strained relationship between the ruling party and the judiciary.

Civil rights and church groups, which oppose the amendment, are planning demonstrations in the country's cities and towns on Friday.

In contrast, the country's Muslim community has expressed support for the bill.

Muluzi, who has ruled the impoverished southern African country since 1994, has not yet announced that he wants to run again after his second five-year term ends in 2004.