‘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.

Zangazanga Chikhosi: Public want him to pay for poor decision

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.

AG Chikosa Silungwe advise but was ignored

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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MCP Diehard
MCP Diehard
1 month ago

Anankafumbwe awa think Mathanga and Kunje are life commissioners who cannot be fired under any circumstance. THIS IS WHERE YOU WILL LEARN AND UNDERSTAND THE AWESOME POWERS OF THE PRESIDENT. WATCH.

PARLIAMENT WILL FOR THE THIRD TIME RECOMMEND DISMISSAL OF THESE TWO CROOKS.

The Decipher
The Decipher
1 month ago
Reply to  MCP Diehard

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?

Anzanufe
Anzanufe
1 month ago

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.

Zoona zenizeni
Zoona zenizeni
1 month ago

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

Otayo
Otayo
1 month ago

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

Otayo
Otayo
1 month ago

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 .
:

gogo petulo
1 month ago
Reply to  Otayo

Bwana K69000000 was not given to Nyirenda. Do not mislead people here. Kumazitsata zinthuzi. Otherwise mudzaoneka wombwambwana.

Fwangalubiro
Fwangalubiro
1 month ago

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

Otayo
Otayo
1 month ago
Reply to  Fwangalubiro

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!!!

Kapado
1 month ago
Reply to  Fwangalubiro

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

Otayo
Otayo
1 month ago

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… Read more »

Chamba
Chamba
1 month ago
Reply to  Otayo

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!!!!

gogo petulo
1 month ago
Reply to  Otayo

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.

Baba Tunde
Baba Tunde
1 month ago
Reply to  Otayo

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

Tman
1 month ago

They set a wrong precedence ,it shall come to haunt them come 2025

Baba Tunde
Baba Tunde
1 month ago
Reply to  Tman

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

nafundo zalo
nafundo zalo
1 month ago

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

Baba Tunde
Baba Tunde
1 month ago
Reply to  nafundo zalo

There was never a court case to determine the competency of these two ladies

Mpumuntha viskuli
1 month ago

Alipiledi amenewa, kodi tikhalira kulipila ma legal costs?

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