‘Chakwera and Chikhosi should pay legal costs in MEC Commissioners’ case’
The Centre for Democracy and Economic Development Initiatives (CDEDI) has demanded that President Dr. Lazarus Chakwera and Secretary to the President and Cabinet (SPC) Zanga-Zanga Chikhosi should be held personally liable for the legal costs in the case in which the Malawi Electoral Commission (MEC) Commissioners Jean Mathanga and Linda Kunje were challenging rescission of their appointment.
The High Court of Malawi has ordered the Office of the President and Cabinet (OPC) to reinstate the two commissioners and pay both their honorarium as well as the legal costs.
It is on the payment of the legal cost that CDEDI executive director Sylvester Namiwa feels is inappropriate and unfair on the tax-burdened Malawians who will now have to shoulder the bill and therefore Chakwera and his Secretary should take up this tab.
Namiwa, in a statement issued on Saturday, requested the legal counsel for Mathanga and Kunje to consider moving the courts to slap President Chakwera and SPC Chikhosi with the legal costs in their personal capacities for allegedly wantonly disregarding the rule of law, and in direct defiance of legal advice from the Attorney General (AG).
“This in fact is enough ground for impeachment!” declared Namiwa.
Namiwa, the former press secretary for former President Peter Mutharika, feels vindicated considering the organisation’s two previous petitions of December 18, 2020 and January 19, 2021 where it asked the President and the SPC to act on the Attorney General’s legal opinion to give the two MEC Commissioners their appointment letters.
Namiwa adds that having noticed the total disregard of the two petitions, his organization formally wrote President Chakwera on February 13, 2021, challenging him that his decision to ignore the AG’s legal opinion could be construed as political victimization, coupled with his nepotistic tendency and dislike for the people from the Southern Region.
He said in the same letter, the human rights watchdog warned President Chakwera and Chikhosi that CDEDI and all well-meaning Malawians would hold them personally liable in the event that the two MEC Commissioners decided to take the government to court for unfair dismissal.
“It is for this reason that we are appealing to the legal team representing the two commissioners to move the courts to ensure that the poor and marginalized taxpayers should not pay for Chakwera’s growing disrespect for the rule of law and, and the Republic Constitution,” he said.
After all, he added a good precedent was already set, where the country’s former President Prof. Arthur Peter Mutharika, and the former SPC Lloyd Muhara, were recently personally held liable for similar decisions they made while they were in office.
CDEDI says before assuming the high office of the presidency, Chakwera took an oath to protect the constitution without fear or favour.
“CDEDI therefore, will not hesitate to mobilize Malawians to stand up against Chakwera’s total disrespect for the rule of law, selective application of justice and attempts to take back the country to dictatorship,” says Namiwa in his statement.
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PARLIAMENT WILL FOR THE THIRD TIME RECOMMEND DISMISSAL OF THESE TWO CROOKS.
Absolutely true!
Eti eti. Judicial review should look at this. On what basis or appointment letter should these two be paid?
So nowadays I can just show up at a government office with no appointment letter and start working with pay?
THOSE DAYS ARE OVER!
Martha Chizima, where are you?
They should humbly pay the costs for their arrogance and vengeance. We will support you with the demos. No selective justice. Even a kindergarten kid knows that the decision was not only stupid but rather very pathetic from a man who was once a clergy. He set the precedent so no turning back.
Chikhosi will not pay because he said the courts were stupid to overturn his decisions.
He is rude and self centred. Imagine he has given the position of director to Bendulo a mere MCE holder and phone repairer. The position of director in government requires somebody with a degree or masters.
Chikhosi hear this we will move the obdusman to declare that appointment invalid
Under Rule of Law there is No LAW OF Revenge!
1.We know Mutharika sent a letter forcing Nyirenda to retire.
But when if comes to legal argument, there is no LAW OF REVENGE!
If Nyirenda did not suffer any loss financially, then he does not deserve to be compensated let alone that huge amount of 69 million
2. Though Mutharika ‘s decision forcing Nyirenda to retire may sound distasteful but still the Rule of Law stands : There is no LAW Of REVENGE
I suggest, there appears to be new laws emerging in Malawi which are not even in the constitution .
1.OWENGA MAFUTA SATUWA DOCTRINE. If you as a subordinate to your master who is also a senior judge of court /Judiciary and you are assigned as a judge to compensation case/cause that involves your master, you award your Master huge compensation 69 million
2. OSAWENGA MAFUTA AMATUWA DOCTRINE: If compensation case involves ordinary citizens who are not part of Judiciary, just compensate them a couple of eggs and let the tax payers pay the cost and not the President .
:
Bwana K69000000 was not given to Nyirenda. Do not mislead people here. Kumazitsata zinthuzi. Otherwise mudzaoneka wombwambwana.
Though not a lawyer but if you think that Peter Muthalika and Chief Justice case are the same you are totally wrong.The firing of MEC commissioner rests with the president on recommendation by PAC.Go to court and be prepared to pay costs for abuse of courts
We are talking about the DOCTRINE OF COMPENSATION how it is applied in Law and not about PAC Or MEC. I suggest you better read again my argument. You have completly missed my point. COMPENSATION DOCTRINE!!!
Totally wrong why pumbwa iwe. Wakuba chinangwa wina wakuba mbewa onse ndu mbala. They have to pay. Some Malawiams are quick to comment without thinking
But let us compare this cause /case and that of Mutharika.
1. The purpose of Compensation is to bring back the victim to their original position financially before a decision was made by executive for their dismissal.
2. Nyirenda was issued a letter forcing him to retire.
3. Nyirenda stayed put in office and he did not move.
4. Financial loss or benefits to Nyirenda as a result of the letter issued by Muhara was zero.
5. Nyirenda was still receiving his salary and all other benefits monthly despite being issued with a letter of force retirement.
6. Now where is the logic for compensating him K69, 000,000.00 as if he was not receiving his salary and the rest of it?
7. This violates the doctrine of compensation if people are compensated for nothing.
8. One has to suffer financially to justify such an amount of money.
9. With Nyirenda, it is unthinkable to see the grounds of how the figure of 69 million came about
10. Nyirenda is the chief justice and the judge who awarded him 69 million kwacha was his subordinate. If someone is your subordinate it simply means they are under your control and under your influence by the nature of job relationship.
11. Where is fairness in this case/cause when subordinates are becoming judges on causes/cases involving their masters and awarding them such huge compensations?
12. From the start this case/cause should not have been allowed to proceed because Nyirenda did not suffer any financial loss due to Muhara letter
13. Again the question of fairness should have been raised for subordinates to be judges of their masters.
14. As a subordinate there is undeniable pressure to rule the cause /case in favour of your master.
15. Now let’s turn to the two commissioners who were fired by Chakwera.
16. Do they deserve compensation? My answer is absolutely YES.
17. As a result of Chakwera’s letter terminating the services of these two women, their benefits were immediately stopped for months unlike Nyirenda whose benefits were not stopped.
18. Now that the court has ruled that their dismissal was unconstitutional, this now justifies their pay back. Putting them back financially to their original financial position before that letter from Chakwera.
19. Before I close my argument, though I do not condone the award of 69 million kwacha to Nyirenda, I have also noted that sums of compensation are extremely very very huge when subordinates are compensating their masters. On the other hand when compensation is for ordinary citizens it’s just a couple of eggs ( a small amount).
20. Are we now in a state of one law of compensstion for members of the court and another law of compensation for ordinary citizen!!
21. Follow precedent. Award these women K69, 000.000.00 and Chakwera and his secretary should pay that cost.
Nyirenda was not compensated. The lawyers “representing him” are the ones who are being paid for doing pro-bono work. Just like the guys who ate billions in the presidential elections case. These guys when asked to say that how where they going to pay the lawyers representing they unashamedly claimed that they were doing it for the love of the country. For the love of the country, my foot. Money is the root of all evil indeed. Suppose, we all rivet back to the stone age. Ena atha kuwonekera n’gamba ndithu! Ulesi uli thooo!!! Koma kufuna ndalama zambiri mbiri!!! Kkkkkk!!!!
Apumbwa inu, Nyirenda was not given any money. That K69000000 was given to MLS and HRDC for legal costs in the case. Muzivetsa kaye zinthuzi musadapange comment.
Otago, whatever you call yourself, you’ve written a long post but out of ignorance. The K69 million was not awarded to Nyirenda. Dont comment based on hearsay from your fellow DPP cadets. Now that you know the facts, go and revise your post
They set a wrong precedence ,it shall come to haunt them come 2025
It’s not a wrong precedent. This is the way yo go to prevent overzealous duty bearers from abusing their positions. Chakwera simply needs to follow professional advice and stop listening to his fellow nyau boy Chikhosi who is not a lawyer
the untouchable elite 2 ladies. during dpp era palibe amafufuza zooti nkhani zinazi zinayamba ndipo zuuyenda bwanji kuopa kumanidwa ndalama yosaigwilla ncito.
kodi azimaiwa were said to be ”incompetent” then till now getting our taxes nde leloso alandile. tikupita kodi.
e calwera ici cakhwela ico. dzanali nchona uja amangofukatidwa
There was never a court case to determine the competency of these two ladies
Alipiledi amenewa, kodi tikhalira kulipila ma legal costs?
In order to remind people of their official responsibilities there has been numerous rules/regulations, policies, standard operating procedures etc that will act as checks/balances and fallback-on instruments to guide them to fulfill their jobs professionally.
He who kills by the sword will die by the sword; Do unto others as they will do unto you; No one is above the law; If your own dogs bite you, know there is something amiss; Muluzi wa galu ndi umodzi. Bwana Chakwera and Chikhosi have defiantly disregarded the tenets that govern the much needed running of the country’s businesses and have instead taken themselves as being above everyone else. They have basically chosen to handle Malawi as a ‘Personal Estate’, by totally undermining the very citizens who are apparently tax payers who are keeping the heart ❤ beat of the nation sustained. The two knew all along that they were treading onto unchartered territory because the ‘Constitution’ continues to stare in their faces from the shelves they are stack day in day out. To cut a long story short, Dr. Kadungus Chakwera and his compatriot should pay all the fines as it were and be censured accordingly. One thing they are overlooking is that they are on a “Contract” whose existence depends on the expected delivery of services as required by the stakeholders (Malawians) as a whole and not MCP members alone, unless when it comes to party issues only. Follow the constitution and everything else that will guide you appropriately ie The AG.
WHILE PRESIDENT CHAKWERA AND SPC CHIKOSI DISREGARD OF THE ATTORNEY GENERAL ‘S FAITHFUL AND OBJECTIVE LEGAL OPINION CANNOT BE TOLERATED, IN THE FIRST PLACE IT WAS FORMER PRESIDENT PETER MUTHALIKA WHO MADE A VERY STUPID DECISION,.
HOW ON EARTH COULD PETER MUTHALIKA RE APPOINT THOSE TWO VERY RUDE, COMPROMISED, AND UNPROFESSIONAL LADIES ( MATHANGA AND KUNJE) WHEN THE LEARNED JUDGES FOUND THEM INCOMPETENT?
FROM A GOOD CORPORATE GOVERNANCE POINT OF VIEW, THOSE TWO LADIES ARE A VERY BIG RISK TO THE OPERATIONS OF THE MALAWI ELECTORAL COMMISSION.
DPP HAS A POOL OF GOOD MEMBERS WITH SOUND ACADEMIC QUALIFICATIONS AND JUDGEMENT INCLUDING NAMIWA FROM WHICH PETER COULD HAVE CHOSEN MEC COMMISSIONERS. IT IS ONLY DPP FOOLS WHO CAN APPRECIATE THE MESS CREATED BY PETER’S SELFISH AND LOMWELIZED WAY OF DECISION MAKING.
Others may have a different opinion , that declaration of those commissioners as incompetent was political rather that on sound legal evidence
You have said it all.I have basic reading of law.I believe someone declared incompetent by supreme court has no way for appointment into public office.That will be nonsense.Read our constitution it is clearly stated that one is not qualified or can be removed from public position or public office if he or she is found incompetent.This matter must be sorted out at the supreme court of appeal.I have finished.
Very good argument
As a citizen I totally agree on the request of Mr Namiwa and his organisation! True servant leadership should stand to their mistakes! Especially when it was against the legal advice of their own AG and now confirmed by the national High Court!
Therefore gentlemen act exemplary, avoid further costs and dig both into your private pockets to square the demage, please! We the taxpayers would be so grateful…!
100% agreed
Koma malamulo timawerenga pa za immunity ya President kapena…….?
If immunity comes into play, let it be. He will one day leave that office and that is the time he will be forced to pay. Milandu siiwola!!
Practicing politics of revenge that won’t work Mr. Namiwa. Your home boys were seriously Practicing nepotism, tribalism and regionalism they put the mlakhos everywhere as if your tribe was the only one in this country and this time is for malawians to see a change. We were tired to see a tribe of thieves controlling key positions of this country no wonder the Chakwera administration is busy clearing the rubble. Do statistics yourself you will discover that your tribe is in the lead as prisoners in every prison we have in this country.
It makes sense. No selective punishment
It will do Malawians justice if everyone understand that Kunje and Namathanga do not fit to be commissioners. What the president was doing was only responding to request by parliament and MCP as a party. Laws guide that parties with more representation in parliament should contribute through nomination of 3 commissioners each. Peter deliberately overlooked on this to grant MCP 2 commissioners while DPP got 4 , this is creating a deliberate problem in which he wanted MCP to battle in court and delay elections. MCP knew that this is a trick to delay hence left it for other day. This seemed to be that day. Which law should we respect? APM disrespected the law, and someone wanted to correct the wrong, the judge thinks it’s ok. We will know how to deal with them, outside the law.
Koma Namiwa ndi fire. Ali bwino Munthuyu. I think he is as well going to mobise Malawians to pressure Muliii and DPP to pay back over 10 billion they stole from MSB in name of debt. The glidy DPP and Muliii to pay for the destruction of our Chikangawa forest. The over 20 billion worth gen set diesel Pitala cheat us was stolen by mingwanya. Ine ndili pambuyo pa CDEDI basi
cadet namiwa. unfortunately when u mobilise the people only few people attend your demo. people don’t take u serious coz of u are cadet abd everybody knows. Your thinking will not work, OPC will pay that.