Banjul, The Gambia & Lilongwe, Malawi — 24 April 2025
The Institute for Human Rights and Development in Africa (IHRDA), representing the Human Rights Defenders Coalition (HRDC) of Malawi, has filed an application and a request for provisional measures before the African Court on Human and Peoples’ Rights. The case challenges a decision by Malawi’s Supreme Court of Appeal ordering HRDC and its co-litigants to pay exorbitant legal costs for initiating public interest litigation aimed at defending constitutional democracy and judicial independence in the country.
The application arises from a 2020 legal challenge in which HRDC and others sought to review the decision of the then President of Malawi to force senior judges, including the Chief Justice, into early retirement—an act widely perceived as retaliation for judicial rulings that annulled the 2019 presidential elections. The High Court initially ruled in favour of the applicants and declared the President’s actions unconstitutional, further ordering that the President and his Chief Secretary personally bear the costs of litigation for the brazen unconstitutional conduct.
However, in a disturbing turn, the Supreme Court overturned this ruling in November 2024 and directed that HRDC and its co-litigants refund those costs and pay additional litigation costs, including the cost of the litigation in the High Court, despite the fact that they had prevailed in the judicial review application and the subsequent request for the award of personal costs against the President and Secretary to Cabinet for their conduct. This decision, HRDC contends, violates multiple rights under the African Charter on Human and Peoples’ Rights and other international instruments, including the rights to access to justice, freedom of association and expression, the right to an effective remedy, and protection of property.
In its request for provisional measures, IHRDA urges the African Court to halt the enforcement and assessment of these financial penalties, warning that their implementation would cripple HRDC’s operations and set a dangerous precedent for public interest litigation in Malawi and across Africa. The case raises profound concerns about the shrinking civic space and the risks faced by civil society actors who seek to hold governments accountable for unconstitutional conduct.
“The imposition of cost orders on human rights defenders for challenging executive overreach is not only unprecedented but also threatens to bankrupt legitimate advocacy organisations. It sends a chilling message to civil society across the continent,” said Khumbo Soko, of the Malawi Human Rights Defenders Coalition.
“The imposition of cost orders against public interest litigants endangers civic space and discourages efforts to uphold constitutional democracy. This case is about more than costs—it’s about protecting the right to hold power to account,” said Michael Gyan Nyarko, Deputy Executive Director of IHRDA.
This landmark case seeks not only to secure redress for HRDC but also to reinforce the principles of public interest litigation, judicial independence, and civil society engagement as foundational pillars of constitutional democracy in Africa.
IHRDA reaffirms its commitment to defending the rights of civil society and calls on all actors to support the preservation of democratic space and the rule of law in Malawi and beyond.
IHRDA will continue to update the public and partners on developments in the case.
For more information, please contact:
Michael Gyan Nyarko
Deputy Executive Director
