Presidential spokesperson Sean asks interesting questions with regard to K7bn lawyers’ fees

August 13, 2020 Nyasa Times Reporter 40 Comments

While prominent legal scholars and Malawi Law Society (MLS) have given varying positions on the K7 billion legal bill  for two legal teams that represented President Lazarus Chakwera and Vice-President Saulos Chilima in the May 21 2019 presidential election nullification petition  to be footed by Malawi Electoral Commission (MEC) as assessed by Agnes Patemba, registrar of the High Court of Malawi and Malawi Supreme Court of Appeal, on Monday this week, State House spokesperson Sean Kampondeni has raised interesting questions below.

Kampondeni: Doesn’t this bill justify and warrant a repeal of the general approach of assessing legal costs
  • Does anyone really believe that if the two Petitioners  had lost the elections case at the Constitutional Court, the bill their lawyers would have presented to them for legal services for eight months would have been 7 billion kwacha?

 

  • If not, doesn’t the State’s loss of the case with costs mean that the tax payer should only pay either whatever bills the lawyers would have charged their clients had they lost or whatever bills they  agreed to when they negotiated the terms of representation with their clients?

 

  • Even in the unlikely event that the 7 billion kwacha bill is more reasonable than extortionate, is there a reason tax payers are not being told how much of it will be shouldered by each of the two respondents, just as taxpayers have been told how much of it will be awarded to each of the two petitioners?

 

  • And if the triumphant lawyers have chosen to burden the taxpayer with such a bill as their just recompense, should the lawyers still be regarded in the court of public opinion as sacrificial contributors to the cause of justice in the court case or should their public esteem now be reduced to something more mercenary?

 

  • Doesn’t this bill justify and warrant a repeal of the general approach of assessing legal costs only after a trial instead of continuously throughout the trial so that the court already knows the costs on each side when it is delivering a judgment on costs?

Follow and Subscribe Nyasa TV :
Follow us in Twitter

40 replies on “Presidential spokesperson Sean asks interesting questions with regard to K7bn lawyers’ fees”

  1. Cadets will cry day and night……..you lost the case yet you went ahead to appeal in the supreme court – you thought it was free of charge? You hired more than 10 lawyers to win you the case with our own money, we cried yet you had a deaf ear. You paid southAfrican lawyers huge sums of money, you wanted to ditch the judges, you sponsored the DEMOS against judgement, You funded Seodi white to cry in the public, You paid MULI 14billion, you made several cashgates, tractorgates, uniformgates etc…………..fools

  4. This is daylight robbery and an opportunity has availed itself for DPP and UDF to shine. Call your voters to street demos.
    Sean has indeed asked a very good question that if they had lost could they have billed their clients such a whooping legal fees charges? For him to ask such questions I take it that Chakwera is against it for no sane president can allow such crookery under his watch. Sean can see a cunning snake coiling on his boss neck. Be careful bwana or u will be suffocated to death. Ndepaja munanena kale kuti zikakukanikani muzasiyira wachiwiri wanu apa ndiye chilowereni zithu sizikuendatu……
    We all heard the opposition party leaders during rallies in run-up to the constitutional court judgement thanking their lawyers for providing their services probono I thus call up DPP & UDF to push the Law Society to probe and verify this public funds theft.

  6. Nanga a ma demonstration Fe cholowa chathu nzingati tinayendela limodzi kunsewu kuguba Kuti tifike apa.

  8. This people are Crookes Chilima ZeZe ,Chakwera ,Ntambo The Judges headed by Justice Nyerenda,don’t forget the HRDC they have used Malawians like a condom demonstrating on the streets at the end they are stealing our taxes day light if they share this money we have to demonstrate again because they are taking Malawians for granted. this is rediculous.

  9. Government leaders are getting k9billion while at the same time the same government is asking domors for k5billion foreign aid. Can somebody tell me what type of Economics is this

  11. Sean Kampondeni is the Presidential Press Secretary to his father-in-law Chakwera. Does Mr Sean Kampondeni take us for fools?

  12. Quite honestly, the lawyers must explain how they price their clients and we should debate from there. My opinion is the price is so over the top

  13. Jared Kushner wathu wathu! Kkkkk!!!! Very bad idea to work for your in-law. Very difficult to provide unbiased professional opinion in the interest of apongozi.

  14. A Trapez ndi anzao Ali duuuu.Asa bisale .Ingopitani komweko .They were working acting for themselves and not for the people.That is why they have given themselves positions, Judiciary, Mtambo etc.That an believable amount must be probed osamangomanga anzanu.This is day light stealing.Ngakhale gratuity imafika pamenepo!!????

    1. Muwafune lero a Trapence ndi gulu lake? Mesa munkati gulu la za uchifwamba inu? We achieved what we wanted and nobody is worried. Zitha zili miyaaaaaaa

  15. 9 billion kwacha is 12,2 million US dollars. That’s outrageous, exorbitant, extortion, day light robbery.

  16. Give the lawyers their dues ! Infact the bill should be footed by Jane Ansa for failing to resolve madando !!

    2. Would the courts have charged Chilima and Chakwera the same amount if they had lost the election case? There is a racket. This money is going to be shared by the judges, Chakwera, Chilima, their lawyers and Simbi.

      1. No the cours wouldnt have charged LMC & SKC the same coz this was known from the beginning and even during the final submissions that MEC should be charged the costs of the Petioners legal team,but because of arrogance of APM,Jane Ansah,Kalekeni Kaphale and their friends thats why we are here.
        Mulli was given 11Billion by DPP as compesation for ma Demo a 2012 yet the same Mulli anaponda ndalama about 3Billion from MSB who made noise about that?

        Let the Lawayers be paid so that Government learns from this.I wish this determination was made before the fresh elections

    1. Its a racket – this money is going to be shared by the judges, Chilima, Chakwera, their lawyers, Simbi and other loan sharks.

  19. This issue is not debatable. Malawians reject to pay that cooked up sum of money. The figure is cooked up and it is unjustifiable. This is extortion. We reject this. Malawi Govt should not pay that because the assessment was done will malicious intent and meant to steal from taxpayers. DO NOT PAY. The lawyers were already paid by their clients. Court justice process is not a bonanza where by winners get trophy and cash. Justice is not for sale. DO NOT PAY this nonsensical legal fees. If Govt pays this silently we will sue to ICJ and matter will be escalated. Our money is not going anywhere. Malawi govt DO NOT PAY extortionate legal fees#

  20. IF THIS STORY IS TRUE THEN THE PRESIDENT SHOULD IMMEDIATELY FIND SOMEONE REPLACING THIS ONE. HE IS SPEAKING LIKE PREACHING IN A CHURCH. PLEASE GIVE BIOGRAPHY BOOKS TO THESE GUYS. THE SOONER THE BETTER.

  21. Very brilliant questions indeed. The whole fee scheme had been cartel of the lawyers, courts and political parties involved (UTM/MCP) to defraud government. This is an open secret and it pains us the tax payers. Otherwise, these layers could not even go beyond K1bn kwacha had their clients lost. There were many questinable decisions in the ruling itself that point towards bias and collusion. 50+1% for instance, the complainants didn’t bring this up to the court as part of litigation but boom, the verdict brought its own issues as well. What an advantage/mana to the complainant!!!!

  22. Apongozi Sean amenewo. Here I am, thinking: Are you raising rational, objective and well thought out arguments in defence of the K7bn legal costs award, or simply defending Apongozi no matter what? Makes one wonder whether your decision to take a front seat and highly visiible role in the operations of your father-in-law’s administration is a wise move, doesn’t it?
    P.S. I am someone who so desperately wants to see Dr. Chakwera succeed as president.

  23. Over and above Chakwera and Chilima assets do not exceed K500 million where did they expect to get the MK9.7 BILLION had the court ruled that each party should pay its costs. This is legal theft probably the highest legal fees In the whole Southern Africa. Patemba should be part of this theft conspiracy.

    1. You may be right that Chakwera and Chilima’s assets are less than K500,000,000.00, but remember they were going to court in their capacity as leaders of their respective parties (MCP and UTM) whose assets and source of funds are not exclusively Chakwera and Chilima.

    2. @ zio, that’s true aise.

      chakwera would have been declared bankrupt for failing to pay legal fees. consequently forfeit his right to run for public office

      1. The fees is a extortionate day light robbery to be shared by judges, Chakwera, Chilima, their lawyers and loan sharks to MCP and UTM

  24. With all due respect lawyer khumbo bonzoe soko’s firm is a small practice and in no way could he charge what he will get from tax payers. The invoices were inflated simply because the judge said mec should not worry about costs because it will be paid from taxes. The judiciary is involved in this racketeering and maybe it has an interest in the payment. Very obscene

    1. It is really disheartening. I personally only take solace in the fact that here were 2 lawyers from RSA who charged MEC over MK600, 000, 000.00 for the appeal case. The Concourt case took well over 6 months and the legal teams comprised of over 12 lawyers. If each of the local lawyers charged MK300,000.00 on average for the two cases, we would get close if not more than what has been charged. To me, the fault should go to MEC for keeping pushing for what they knew was not a winnable case on their side. Sean’s questions are interesting, yes, but he could have cross-checked with the courts as to how that merciless figure was reached at. I am sure there are merits in the determination. And do we know how much MEC has paid its team of lawyers; and how much APM has paid his legal team? It is unfair to point our fingers against the courts for doing what they are supposed to do. If we do not want tax payers to be spent in this manner, let us bring sanity into our daily work, and Bwana Kaphale, SC, sanatithandize; with due respect!!!

      1. The fault should go to the judges who have connived with Chakwera to steal government money so that the money can be shared by the thieves: judges, Chakwera, Chilima, their lawyers, loan sharks. Would the judges have charged Chilima and Chakwera the same amout if they had lost the case? It is a RACKET. Let us not accept Chakwera stealing from our taxpayer.

  25. Where and when did he ask these questions? It sounds like a veiled criticism full of pretence and hypocrisy.

    1. This is really worrisome indeed., Just imagine some of the said lawyers are now ministers being paid by the state.This is blatant cheating.Wake up Malawi.

    2. But the questions are valid and necessary to be reflected on whether they were asked by someone pro/against Tonse Allaince… Further to that there is need to publicise the itemised costs charged thereto to arrive at such costs. Am not comfortable with the figure…

      1. I was privileged to see the itemized bill.
        1. Share of the concourt judges 2.4 billion
        2. Share chief justice 800million
        3.lodging MK1.8m
        4.research Mk 1.5billion
        5..court appearance MK9billion
        6.transport MK300million
        7. Patemba MK300million

Comments are closed.