Shaming The Betrayers Of Malawians: APM State Of Disaster Declaration Was Within The Law

PRESS RELEASE

DECLARATION OF STATE OF DISASTER BY HIS EXCELLENCY, THE PRESIDENT

The Ministry of Justice and Constitutional affairs wishes to assure the nation that the Declaration of the State of Disaster with respect to the Corona Virus Disease (COVID-19) made by His Excellency, the President on 20th March, 2020 was made in accordance with section 32 of the Disaster Preparedness and Relief Act (Cap. 33:05 of the Laws of Malaŵi) which provides as follows:

“Declaration of a State of Disaster

32.—(1) If at any time it appears to the President that any disaster is of such a nature and extent that extraordinary measures are necessary to assist and protect the persons affected or likely to be affected by the disaster in any area within Malaŵi or that circumstances are likely to arise making such measures necessary, the President may, in such manner as he considers fit, declare that, with effect from a date specified by him in the declaration, a state of disaster exists within an area defined by him in the declaration:

Provided that where such declaration has been made in any manner other than by notice in the Gazette, the President shall, as soon as possible after making it, cause it to be published in the Gazette.

(2) The declaration of a state of disaster under subsection (1) shall remain in force for a period of three months from the date specified in the declaration as the commencement date of the state of disaster, unless the President by notice in the Gazette, withdraws such declaration before the expiry of such period:

Provided that the President may, from time to time, extend or further extend such period by not more than another three months and shall do so by notice in the Gazette, published before the expiry of such period or any such extension thereof.”

In making the Declaration, the President complied with section 32 of the Act and as required by that provision, caused the said declaration to be published in the Gazette as Government Notice No. 4 in the Malaŵi Gazette Supplement of 3rd April, 2020.

 Further, the Ministry wishes to state that the Disaster Preparedness and Relief Act does not preclude the President, as head of State and Government, from announcing any of the extraordinary measures as are necessary to assist and protect persons affected or likely to be affected by the disaster so declared.

Dated this 6th Day of April, 2020

PILIRANI MASANJALA

PUBLIC RELATIONS OFFICER

MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS

Leave a Reply

Your email address will not be published.