The High Court in Blantyre has discharged an injunction and leave for judicial review obtained by Kalibu Academy restraining Malawi Human Rights Commission (MHRC) from investigating alleged sexual abuse at the institution.
In a statement issued on Friday, MHRC executive secretary Habiba Osman said the court made its determination on December 23 2021 adding that the commission will now proceed with its probe and the public will be informed of next steps to be taken.
Kalibu Academy obtained the court order on September 14 and served it on MHRC on the grounds that the commission did not discharge their duties and powers correctly.
Section 129 of the Malawi Constitution mandates the commission to investigate violations of human rights, while Section 12 of the Human Rights Commission Act empowers the commission to investigate violations of human rights on its own motion or upon complaints received from any person, class or persons or body.
Reads the statement by Osman: “The court in setting aside the Order of Injunction observed that there was no issue for judicial review considering that all the issues that Kalibu Academy had raised in their application for leave for judicial review has been adequately addressed by the commission in its application to set aside the order of injunction and leave for judicial review.”
The court has also condemned the institution with costs of the case.
MHRC launched the investigation following social media reports that a teacher at the institution allegedly tried to sexually assault a female student.
Ministry of Education Principal Secretary Chikondano Mussa also said the ministry had engaged various stakeholders in their investigations.
In a statement issued in July this year she said: “The ministry is working with relevant authorities to get to the bottom of the matter.”