Court orders MEC to pay K5bn in legal fees to Chakwera, Chilima lawyers

High Court has ordered Malawi Electoral Commission (MEC) to pay lawyers for President Lazarus Chakwera and his Vice President Saulos Chilima over K5 billion legal costs, an expense  burden on the taxpayer  for  Jane Ansah led MEC’s incompetence  in the annulled presidential election case.

Patemba: MEC has been ordered to pay costs.

The new order follows a constitution court ruling which ordered MEC to pay all legal costs for the first and second petitioners in presidential elections case.

According to the Registrar of the High Court, Agness Patemba the first respondent MEC has been given 45 days to pay the costs.

According to an assessment of taxed costs by registrar of the High Court and Malawi Supreme Court of Appeal Agnes Patemba, Chilima’s legal team will walk away with K2 314 184 550 billion while Chakwera’s legal team will walk away with K3 086 203 89 billion.

MEC has also been ordered to pay Chilima’s lawyers a total of K877 760 000 million and Chakwera’s legal team K726 463 920 million as legal fees for the February 3 ruling.

In April this year, lawyers for both Chilima and Chakwera, filed to the courts a claim of about K9 billion for the presidential election case which the Constitutional Court (ConCourt) nullified the May 2019 presidential election results.

Initially, Chilima’s lawyers claimed a total of K2 598 965 916.16 billion while Chakwera’s lawyers claimed a total of K6 260 637 526.85 billion.

“The Court is of the view that the bill for the first petitioner be taxed at a total of MK 2,314, 184, 550 and at a total of MK 3,086,890 for the second petitioner.

“The second respondent (MEC) is ordered to pay the total amount to the first and second petitioners within 45 days from the day of this order,” ordered Patemba.

The costs cover, among other things, the period the lawyers spent preparing for the case, court attendance, care and conduct, instruction fee, disbursement and taxation costs. The are charges are per hour. A minimum hourly rate for a senior counsel is K60 000, for a lawyer with not less than 10 years it is K40 000, and for lawyers with less than 10 years at the bar, it is K30 000.

Governance analyst Makhumbo Munthali, suggested that it is high time public officers who demonstrate incompetence in court cases should be personally liable for the legal costs.

He said such a punishment would act as a deterrent against possible abuse of taxpayers’ money by partisan officers.

“The level of impunity that MEC demonstrated is partly due to the fact that they are not personally liable for the cost of the election case. It’s high time, as a country, we had a sober debate on the matter,” Munthali said in quoted which were reported by The Nation newspaper

MEC also has to pay South African legal firm, Mboweni Maluleke Inc Attorneys, who were hired to represent the electoral body in the appeal case.

UTM president Chilima and Malawi Congress Party (MCP) president Chakwera won the presidential elections in which they were challenging the outcome of May 2019 presidential elections.

MEC and Democratic Progressive Party (DPP) president Peter Mutharika were the first and the second respondent in the case.

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77 replies on “Court orders MEC to pay K5bn in legal fees to Chakwera, Chilima lawyers”

  1. S this is how you will start stealing our money?? Mr. President you are the Pastor how can legal fees sumount to 5 billion kwacha??? Mr. President before you start sharing that money with you vice think about that poor Malawian in the village. You have already started a good work of arresting all those people who plundered our taxpayers money in the past regime but now you are coming in as a pure hyena in a sheep’s clothes, this pure hypocrisy. If you are the true man of God please return or refuse the money.

  2. MEC lost because this was a staged case to fleece government. I knew from the onset that this was a judicial syndicate. The money will be shared among judges lawyers and petetioners. Apart from the money Silugwe and Mvalo were rewarded by appointment into cabinet. If Chifundo Kachale does not challenge this theft then he will regarded as one of them. If indeed these are charges that these educated thieves charge, I bet lawyers in Malawi would have been taking holidays to mars.

  3. Paying 5 billion to MCP and UTM Lawyers for which work? This is day light robbery. If you had followed the whole court case regarding the Presidential election which nullified the presidential election, you will find that the Lawyers from both sides of MCP and UTM, their argument was that the election was rigged through using tippex and they asked the court for recounting of the votes. But the court in their ruling, they said there was no rigging as a result o using tippex and the courts did not even support the recounting of the votes. But the court said there were irregularities on the part of MEC such as erecting of Constituency tally centre and that the 50+1 procedure was not followed contrary to what the Lawyers for MCP and UTM were saying. This means, the Judges ruled the case depending on MEC’s incompetence not in favour of what the opposition Lawyers were saying. My question is this that does the payment going to the opposition Lawyers in disguise of paying the Judges? or paying the Lawyers just to waste tax payers money?

  4. Here is a special Anouncement !!!!
    all those who used to be on ma DEMO,those who used to go court hearing ,or waste time court hearing on radios
    PLZ mulembane maina ndalama zija zithuluka sopano ……
    zigawo zonse zadziko konzekani …
    Perekani Misonkho Boma lipase Chakwera ndi Chilima ..

  5. Koma ndapsa mtima kwambiri mpakana kutota. Ndatota muja zimakhalira ukamaleretsa ndewu ya akazi akamamenyana uku akuvulana kenako wina bere nkutuluka panja muja. Ndiye umangoti Kodi poleletsapa ndingogwira bereli kapena ndingomuhaga mkaziyu. Ndiye umangotooota eish! Umu ndimomwe ndatotera popsa mtima ndinkhaniyi. These lawyers are simply daylight robbers. How can they claim all that money for just saying my Lady my Lord?

  6. There is the legal aspect and the moral aspect. There are things that one may be legally entitled to but not morally right. Firstly, its the petitioners (Dr Laz, SKC) that went to court not MEC. Now that this pair are in power by the same courts, is it morally right for the same court to grant such obscene amounts payable by innocent taxpayers? This is not right, it doesnt feel or seem right. Jane Ansah and DPP will not even cough a single tambala, its the poor taxpayer. Legally its right but morally, this is abuse of court processes in the highest order.

    1. By the way these Judges and the Petitioners and their team had a mission.
      The mission is now on.
      The amounts we are told to pay will be divided to all those ones ..
      I know the courts cant argue with me on that point..
      Had the petitioners lost the case how would they have paid such figures
      1+1=11

  7. They should be paid because while DPP and MEC were using government money to pay their lawyers chilima and chakwera were using their money. Palibe nkhani apa. Mmene kaphale amapempha court kuti should dismiss the case with costs amatanthauza chani? Mesa amafuna kulipiridwako. Ma cadet musayankhule zambiri.let them be paid.

  8. When other Countries in Africa do call us Malawians as useless people, I was not agree with them, but now after reading many comments here, I felt sad and now I agree that yes indeed Malawians are walking ignorant creatures!
    Just for example, some comments are talking bad of Chakwera and Chilima in issue payment from the MEC ignorantly without even thinking that Chakwera and Chilima are going to pay Tax from the same money! why are you not worried with the Lawyers you hired from South Africa? You will pay them and they are not going to pa Tax? You see how foolish Malawians are? Do you know that the same MEC paid their lawyers? Do you know that the same MEC paid Attorney general Kaphale?was it not the same Tax payers money?
    Malawians are useless creatures indeed!
    Prove me wrong by stopping arguing on pity issues!

  9. Malamulo asinthe, MEC Chair and Commissioners should have to bear these costs or they should be arrested for at least 5 years IHL.

  10. MEC Chief Executive and his Directors must all be fired for incompetence. These are our taxes, I wished they paid from their pockets. We must pass laws for incompetent or partisan public officers to be liable for their actions. This will ensure they work professionally.

  11. Please court, this case had two respondents namely MEC and Peter Mtharika and DPP why do you charge only one respondent?

  12. Kikkkk most comment are from out of ignorance! Malawians are far from knowing things but knowing how to show their stupidity.
    In any Country if the case is by the High Court and there’s legal battles, the end results are just the same like this, it doesn’t matter who has won or loose the battle, the looser must pay the winner! Mumangova kuti kuli Ndewu kunja kuno eti? Apa palibeso za Corruption mbuli inu hahahahahahaha! Ask if MEC didn’t pay their bills to their useless lawyer, how about DDP to their lawyers and ask Kaphale and again you are paying the South African useless lawyers hahahahahaha! Ukatero mphika waonekela kuti zathamo mbwanda.
    Zimene inu ndi ine tingachite, tipite pa nseu kukamatcha ndikungomuitanitsa Mai uja munkati ndi Mai wabwino,,, I remember the Chataika Chilipa Thako ndi ache Jamax, those days. Abwele kaye ku mudzi, chifukwa ndiwabwino kale koma tidzalongosole zinthuzi. Mai Jane Ansah akuyenela abwele basi.

  13. This should be a lesson to all government officials that when you run government institutions like your own farm this is exactly what happens…….the sad reality is that the evil woman who caused all this mess Jane Ansah is enjoying the proceeds of her corrupt money in the UK as we speak and she doesn’t care about all this money that taxpayers have to waste because of her incompetence.

    I don’t see anything wrong with the amount because for example let me remind you that MEC paid over K700 million to the SA lawyers just for the appeal case and the high court has also approved approximately the same amount for the Chakwera and Chilima lawyers.

    So if the appeal case which is very short compared to the main case at the concourt cost over K700 million what about the main case?

    Jealous ndiyomwe yavuta apa basi……..but do not forget that this money will be shared by lawyers and their support staff within the Chakwera and Chilima legal camps.

    My calculation shows that on average each lawyer. Will get between K200 and K300 million which is much less compared to what the politically compromised AG a Mr Kaphale was paid by MEC.

    MEC was paying Kaphale illegally but no one is making noise about it although this was pure cashgate……..ACB need to investigate both the payments to Kaphale and the SA lawyers to recoup some of t(e money Jane Ansah and her fellow incompetent commissioners wasted on our watch.

    1. It does not matter who was paid or is going to get paid. This is a very big loophole in terms of public service. Those who make very incompetent decisions in the public service should be held liable for their actions by paying for the costs of the court cases or serve jail time. This is all over the Govt service. You find someone wapanga zopusa. All they do is to transfer him to another duty station to continue his nonsense. Let those who make stupid decisions pay for their stupidity. Fire them, jail them or let them pay for the costs. That is why people behave with impunity in those positions like anabadwira pomwepo ndipo azafera pompo.

  14. This Chilima (Zeze) and Chkwela government now they are stealing tax payers money day light ,they must not fool us every one is having his shares on that money the Judges the so called Human rights of Malawi that’s why they are quiet this people they will steal tax payers money than never b4 this is just a warning shot.

  15. Blame it on those that messed up with elections and that is Jane Ansah and dpp which was an invisible hand in the fraud. It is good that dpp was booted out and should never be allowed to come back in government. They have to be like udf kutha ngati nsalu ya makatani.

    1. You are stupid and an idiot for that matter.You will die with your hatred of some tribes and ndi umbuli wakowo osadzindikira how court cases works.

  16. Right from the start of this Election case Chakwera and Chilima thought whatever payment was going to be made by MEC, it was DPP that was to suffer. Now that tables have turned, it is their administration which is going to cough the billions stated hence milking their own reservoir. Basically, this means robbing John to pay Peter; Yeah! Taking using the left hand only to deposit the same into your right hand. This is what could be termed as “Modern Robbery”. In other words, that is punishment from God. He is able to see and hear whatever mortal human beings can’t. I know others will dispute my observation, but wait and see the wrath of God when it comes to emitting justice.

    1. You don’t know what you are talking, but thanks because you knew that some one like me will argue with your thoughts.
      The case was in Court right? So where is the wrath of God coming from in your view? This is what happens when you have people who doesn’t have heart like Jane Ansah your best aunt. Guess what, Munthali has said something in his comment.
      Chakwera and Chilima paid their costs to their lawyers. The DPP and MEC thought they will go away with it, therefore now the best thing the Government can do is call back Jane Mayemo Ansah home.

    1. Yes and we are very much sure, this is because of your arrogant woman, now she has costed you big time.

  17. Is this how Tonse Alliance will be stealing money from Malawians? MK9 billion? Using the normal function of Malawi system? If Tonse Alliance Lawyer will receive this money then all people who were arrested for corrushould be set free. MK9 billion?

    1. If you don’t know anything about how court cases works,you better ask and we will tell you rather than showing your dullness here.

      1. Its not about knowledge of court proceedings rather the amount that you want to pocket MK9billion. Did you try to convert that into dollars?

        1. Who won the court case?Stop being jealousy of them.Even your Jane Ansah said,court cases are expensive this what you are seeing now.

    2. Explain, why they shouldn’t get their payment after the have won the battle you thought you will go away with it? Your Jane Ansah Mayemo is the cause of this! Don’t forget democracy is expensive! Kikkkkk!

  18. Kutha kwa dziko la Malawi. Anthu tikulira ndi umphawi nde ena akolore chikwama chomwechi? Tiyeni nazone ambuye akuona. Palibe chosatha pa dziko la pansi

    1. Ine kwanga ndi kungotonthoza anthu ngati inu Pano.
      Mulungutu anaziona kale! Kuteroko kuima mtima Kwa Mai wanu uja Jane Ansah ndikumene kwakufikitsani Pano, so inuyo mtima pansi.kikkkkkkk!

    2. Nsanje!!! They spent days at court trying to rescue the country from Thugs and Thieves. It was a sacrifice for the nation, we are now happy that we have been rescued. Thank you Chakwera and Chilima. This money is contribution by all Malawians.

  19. Tax payers have to pay all this much for bringing these two inept fools into government? What have they achieved to date? How many jobs have they created? Have they slowed COVID-19 spread? How may roads and schools they have maintained or built? Bunch of fools together with their followers.

    1. You sound bitter but I understand you that, you are the first class stupid. Can’t you see that it is you and your Jane Ansah who has pushed this thing to this far? We told you but you didn’t listen, here you are ng’we ng’we ng’we ng’we ng’we! Zako izi zalowa opanda mpikasano!!!! Kikkkkk.

      1. Whatever the case this our tax we are talking about here? You don’t pay any tax l suppose. Jane Ansah or no Jane Ansah. The figure looks astronomical. Which lawyer in Malawi would be paid such astronomical figures in Malawi? This is pure daylight robbery. Now because all of them are lawyers nothing is wrong about this. They will share. Ma judge ma lawyer. Enawonso ma lawyer. Zagwa pa mphuno.

    1. Supported by the high court but created by the corrupt DPP and Jane Mayemo mjojo Ansah! Kwaaaaaaa!

  20. In other civilized countries, if someone recklessly made MEC pay billions of kwacha Ansah was supposed to go to jail immediately This would make future MEC chairpersons to take this job seriously and not collude with corrupt politicians and or parties knowingly their ass will go to jail should they mess up the elections. Without any consequences elections will turn into a big business for Mec chairperson lawyers and parties colluding and make billions

    1. Which countries in the civilised world had a case like ours and the electoral chair paid? I can assure you that the case like ours can only exist in third world countries like in Africa where Democracy is not yet civilised. In this context, this type of a case has only occurred in Kenya and Malawi.

  21. MEC should just declare bankruptcy and get liquidated as such will not have to pay anything to anybody. MEC cannot pay such obscene amounts. This is pure robbery. How can judges in a democracy justify such obscene amounts hiding behind lawyers fees, who regulated the time they are charging. This is worse than cashgate

    1. Ask previous DPP leadership. MEC is govt. agency, how can you declare it bankrupt? Then just declare the govt. bankrupt.

  22. Are Mr Titus Mvalo and Sapesa also going to benefit from this money? I am not a lawyer but somehow this doesn’t look morally right. How could the court decide otherwise when Mvalo and Sapesa are holding such influential positions in the Justice System?

    1. Yes, they were lawyers of the Pettetioners they worked day and night. Wosagwilla ntchito asadye, these guys worked big time! Blame the Jane Ansah

  23. You lawyers that will be the benefactors of this money, rightfully you represented for the cause to stop the plunder and change regime? You should also consider putting the money back into the coffers by not taking the full amounts. Or do You also want to be part of the plunder of tax payers money.

  24. What a sad day for Malawi! I hope the right lessons are learnt. Next time, the MEC commissioners should be forced to pay the fines.

    Can’t Laz The Church Mouse and his kid bro SKC plead with their lawyers to donate the entire sum to the COVID cause? Wishful thinking! Not a fuckin’ chance in hell. Sigh.

  25. Something is embarrasingly wrong with your story. Edit it please. 2.3 billion plus 3.1 billion can never be equal to 9 billion. Even if you add 0.7 billion and 0.6 billion ordered for the appeal case can never sum up to 9 billion. Laziness bwanji kodi?

  26. Tonse court orders tonse government to pay tonse legal bill. Once I become president mcp and it’s partners will refund this money to Malawians. MRA should also review the tax returns for these lawyers to see if they make 10 billion in one year. Only one of these law firm disclosed it sold k600m per annum in 2018 but here they will make k1 billion each. You will pay back these outrageous amount of legal fees.

  27. Koma ma lawyers, akuti “care and conduct”. kuba basi. Ngakhale kungolemba ka document ndi kupanga file to khothi, uwona bill yafika 1 million. Akuti hours spent reading seaction x and y, reviewing case law in a vs b……… no refund when your case fails either…mxiii

  28. This was expected from the onset. This was organised theft by judges, petetioners and their lawyers. Chakwera made sure he maintains chief justice to influence the court to rule in favour of these educated thugs. He placed Silungwe as attorney general who would not challenge because he is an interested party. He also placed the minister of justice one of the petetioners lawyers as minister of justice. Hand clappers will be clapping for this theft.

  29. Lawyers are the winners out of all this saga. It is better to settle issues out of court. Pansi pa mtengo ndithu. This is very expensive for a common man on the street. Misonkho yathu ija kuyiwona ikupita m’matumba a athu choncho ndizowawa. Just because of someone’s foolishness and incompetence is just utter nosense. Let those who make the decision in place of others. Pay for their nasty decisions. That makes sense. Otherwise, there is too much laxity just like in the entire govt system. People are generally not responsible enough. Boma si munthu they say.

  30. The courts-Chakwera-Chilima racket has accomplished its mission. Do ordinary people get their lawyers paid by government. Let the people see Chakwera and Chilima for what they really are – CROOKS and THIEVES.

  31. You see the hyenas now want to steal in a legal way , chakwera amati sa kwera pa corruption izizo ndiku ba mu boma la malawi day light
    White collar theft nde imeneyi
    Chakwera akukwera
    Now you will see the true colors of this fake pastor

      1. It doesn’t matter. Boma ndi Boma. He has to make decisions in the best interest of all of us

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