Court dismisses Mutharika, Muhara application for suspension of costs : ‘Pay the money!’

March 24, 2021 Owen Khamula - Nyasa Times 34 Comments

The High Court in Lilongwe has dismissed an application by former president Peter Mutharika and former secretary to Office of President and Cabinet Lloyd Muhara to pay court costs of K170 million in a case two wanted Chief Justice Andrew Nyirenda go on forced retirement.

Mutharika: Nyekhwe

Justice Kenyatta Nyirenda said the application lacked merit as it has taken three months for the lawyers of Mutharika and Muhara to make the application, saying such an application should have been made as soon as the ruling was made.

He also dismissed a contention Charles Mhango, one of the lawyers for Mutharika and Muhara that Human Rights Defenders Coalition, Association of Magistrates in Malawi and Malawi Law Society would misuse the money.

Mutharika and Muhara made an application to the High Court to suspend the enforcement of earlier Judgement by Justice Charles Mkandawire  who found the two guilty and ordered them to pay costs.

In their argument, the defense lawyers argued that the K69.5 million each costs shouldn’t be paid yet as they may appeal the case.

They further argued that if paid, it will be difficult for Muhara and Mutharika to get back their money if the Supreme Court rules in their favour, saying the claimants would have spent the money by that time.

But in his ruling, Nyirenda has described the application as lacking merit and has ordered the two to pay the cost as laid out by the High court registrar.

Khumbo Soko lawyer representing the claimants said they are still waiting for Mutharika and Muhara to settle the costs.

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34 replies on “Court dismisses Mutharika, Muhara application for suspension of costs : ‘Pay the money!’”

    1. It is said, throw 10 stones in a congregation of Malawi Judiciary, 8 of them will land on Tumbuka heads. The court is brutally nepotistic and misguided by tribal bias. Its a sad sad thing to see. Yet these people cry foul when 2 Lomwes, or Chewa are appointed elsewhere. Kodi simumachita manyazi alongosi??

  2. Mutharika should just resign himself to his fate. He cannot win any case in these Tumbuka infested courts.

  3. A cockroach is never innocent amongst chickens. I wish I was in Iraq, Libya, Afghanistan or Mexico. Then some people would pay big time. I can see we are moving that direction.

  5. If the Judiciary was truly independent at the time as the third level of government the Court should have thrown out the case at the onset as it was a Judical Committee responsibility to respond to retirement letters from the Executive. Not a fan of Mutharika’s but has not been handled well by the Judiciary it appears as revenge. Court should have held the monies in Escrow (courts hands) until the case has completed appeals.

    1. But they did not tell the courts about their intentions to appeal the judgment when the judgment was made. They needed to do that within a reasonable time or right in the court. But three months later, they still haven’t. Remember, all they asked for was a revision of the figures following the first determination, which the court granted them. Even now, they have not appealed against the judgment. All they are saying is that they MAY appeal.

      Why then should the courts withhold the money? What if they don’t appeal? The lawyers know the court procedures for appeal but they are dragging their feet. Don’t you see something fishy?

  6. As long as the case are heard by Tumbuka Lawyers who have natural hatred for Mutharika palibe chabwino chingatuluke ku Court . Ndani sakudziwa kuti atumbukawa ndi opanda nzeru. Anthu amenewa ankapatsidwa mayeso nthawi ya Malemu Donton Mkandawire Ali Executive Secretary Ku Maneb mma 80’s. Lero ali thotho mma Court a Malawi kupereka zigamulo za chikuwawe. Anthu opanda nzeru a Tumbuka mmalo momanga nyumba kwao ku mpherembe ku mpoto Ali busy kugula malo mtauni. Ndiye azidandaula anthu akamati kwa ndi ku dead north .Zitsiru za anthu awa owonera mayeso a maneb pa form 4 Yao

    1. Mutharika and Muhara have the constitutional right to appeal all the way to the Supreme Court. Not all the justices on the Supreme Court are Northerners? When people have no facts or truth they resort into tribalistic diatribes. It’s ironic because APM and his older brother run a Lomwe Power government at the expense of all the tribes in Malawi. My home district of Neno is still underveloped inspite of being in the Southern region.

    2. Uchila aise..your hatred and baseless allegations against us will take you no where. Every Malawian has the right to stay and build anywhere in Malawi…you have no right to tell us where to build! Sitinati ..utopa ndikuwelenga nyumba zathu!! Get a life ….useless bigot!!

    3. Hw do u post such racist and divisive opinions,this shud hav bin deleted by ur editor or whosoever,this is nt freedom of speech its tribalistic n such pple nid to b brot to book to ansa,if it ws facebook dis post wud hav bin taken dwn,dont allow small minded and myopic pple to tarnish ur image nyasa times.

  7. Koma NYEKHWE yake abalee. Just sell both Nyekhwe and Mpumulo/Ndata (or whatever the name is) Palaces. After all, they were both built with stolen money meant for the povos.

  8. Both Bingu and APM, have stolen billions of kwachas and because the theft was not investigated by Joyce Banda and now by Chakwera, Bingu and APM have got away it it.
    Falsely APM declared he had earned billions from his university salary and consultancy as constitutional expert, Bingu said he earned his billions from World Bank etc. These were lies how does Bingu earn US$300,000,000 or more from World Bank. How many Professors in the worls earn billions? Not one. The 2 brothers have stolen billions. the K167,000,000 is too little for APM to pay. Seize his billions and ask him to explain where he got the money from?

    1. Bingu was and Professor APM lives in Palaces they built with stolen billions from poor suffering Malawians. Palaces are for Kings and Queens to live Malawi is not a kingdom we don’t have kings here. Lock APM up. Lock APM now

  9. Ndalama anaba zambiri awa inu. Muthalika mpaka kunama kuti anali nd US$8 million from his job in USA. Ask those in USA and UK if they can make such money from working. The aim was to steal from us. Please pay the money.

  10. KHOSWE SANGAWINE MLANDU PAKATI PA AMPHAKA-makolo anthu anawoneratu nchifukwa anabwera ndi mwambi uwu.we have seen some of the cases being entertained after the lapse of time
    

  11. Why does Mutharika always hire stupid lawyers to represent him? It seems that they go to court just to crack jokes for the amusement of the bench and the general public. Fortunately, the judges are never amused.

    I mean, how can a fully qualified lawyer ( I hope Mhango is not SC ) tender a defence argument that his client cannot pay the claimants because they may “misuse” the money ( by “drinking it” all off)? Once the money is paid it belongs to the claimants. They sure as hell can do whatever they want to do with it.

    1. Not that a Mutharika hires stupid lawyers, but all the qualified lawyers do not accept to represent him because they know the directions of the case. Amaoneratu kuti or atatani mulanduwu a Mutharika sangawine chifukwa chophwanya malamulo. Enawa amangofuna ku a dyera nadalama.

  12. Simungakhale ngati Magufuli, dziko lonse anthu kumamulira. Inu a kumverani cisoni ndani ndi anthu ambiri amwalira nthawi yaulamuliro wanu cifukwa chozikundikra ndalama , mankhwala mzipatala kulibe.

    BE LIKE THE MIGHTY MAGUFULI

  13. They have lots of money only that 145m that mutharika stole can pay this shit anyway always shit happen I say just pay

    1. Yes lock him up! Mutharika should be eating porridge in Prison. Lock him up!!! With an ugly face like his he will not be troubled by gays!! But will suffer sleeping on cement floor. Lock him up!!!!

  15. What else can this Tumbuka nepotistic court say. This Tumbuka cabal is full of hatred and envy. There is no way Muntharika can win anycase even if the proof was given by Jesus himself. It’s trash

    2. Mr Bauleni indeed you are Bauleni since your head is full of tribalism ,you are still living from the past and now I can understand that you haven’t traveled here in Malawi to know how to respect each other

    4. Sometimes external matters do influence court verdicts. Law is not precision engineering. That’s why diffence lawyers would request compromised Judges to recuse themselves. In this same case, other Judges can come up with different verdicts. Remember Mutharika denying Justice Mkandawire to be clerk of parliament when the Speaker scored him as first contender of the four candidates? Mutharika opted for Fiona Kalemba instead. There you have it! Payback time? Anyone’s guess!

    7. Ayayaya…Tumbuka this Tumbuka that! Inuyo ndinu ndani…tchulani mtundu wanu kuti tikudziweni baba! Musovenge! Did you note that your APM was represented by a Tumbuka as well? Komatu mupole moto…you cannot hate a tribe to extinction…Tumbukas are going no where ngati musafuna kakolopeni nyanja!!

  16. Ikakuona litsilo siikata. Inu mudaziyamba nokha kufuna kuchotsa anzanu pa nchito lero mwaona ukaikira diwa mzako udziwe kuti lako liri pafupi. Mungopereka ndalamazo basi nanga simati ndinu madolo pa Malawi.K odi mnzanu ujeniuyu Goodral alipo? Nanga o Dausi tawasowansotu.

  17. Even if APM might have merit in his claims but courts in Malawi have made up their mind to penalise them. Even the concours case was decided against them just to penalise them

  18. Kenyatta Nyirenda ordering muhara pay costs for forcibly retiring Andrew Nyirenda. Are the justices related may be father/brother/uncle?

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