The Malawi Human Rights Commission (MHRC) has said it intends to challenge the injunction and court order granting the academy leave pending judicial review on the matter regarding alleged sexual abuse and corporal punishment at the institution.
In a statement signed by MHRC chairperson Scader Louis, the commission said Tuesday it will do this in line with their mandate to promote and protect the rights of all Malawians, particularly children and other vulnerable people.
Reads the statement in part: “Section 129 of the Constitution of the Republic of Malawi 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.
“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 development follows a court order Kalibu Academy obtained on September 14 and served on the commission on the grounds that the commission did not discharge their duties and powers correctly.
Court documents applied for by the registered trustees of Kalibu Academy in the judicial review case number 45 of 2021 restrains the commission from continuing with its investigation and subsequent release of a report on their investigations on the allegations against a teacher from the school.
MHRC launched the investigation following social media reports that a teacher at the institution allegedly tried to sexually assault a female student.