Malawi: MHRC to Challenge Kalibu Injunction Featured

The Malawi Human Rights Commission (MHRC) says it intends to challenge an injunction by Kalibu Academy stopping the Commission from investigating alleged child sexual abuse and corporal punishment at the education facility.

On September 14, 2021, MHRC was served with the injunction order restraining it from continuing with its investigations and subsequent release of a report on the allegations of child sexual abuse and corporal punishment at the school.

In a statement, MHRC Chairperson Scader Louis said: "while Kalibu Academy enjoys the right to seek temporary relief from the courts, the Commission is equally entitled to defend its mandate of promoting and protecting human rights in Malawi in the broadest sense possible.

"The Commission is however, committed to ensuring that all human rights violations are investigated and reported in a transparent manner. It shall endeavor to promote and protect the rights of all Malawians, particularly, children and other vulnerable persons. More importantly, the Commission shall consider the best interest of the child in all its intervention."

In July this year, MHRC and the Ministry of Education launched separate investigations into alleged sexual harassment at the Blantyre based high school.

The investigations follow social media reports that a teacher at the institution allegedly tried to sexually assault a female student.

However, the school obtained an injunction from the High Court in Blantyre stopping MHRC from releasing the report on grounds that the commission questioned the Kalibu staff without administering oath or affirmation by an MHRC member.

Granting the injunction, the High Court described as unlawful action by the Commission to deny the staff that were examined from being assisted by their lawyers.

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