Court orders Mutharika, Muhara pay personal costs in Chief Justice forced retirement case

November 20, 2020 Owen Khamula- Nyasa Times 21 Comments

Former president Peter Mutharika and former secretary to the Office of President and Cabinet Lloyd Muhara will have to dig deeper from their pockets to pay costs incurred in a case the two are accused of forcing Chief Justice Andrew Nyirenda go on retirement.

Mutharika: Ordered to pay
Muhara : Ordered to pay

Justice Charles Mkandawire has delivered the landmark ruling this Friday, a ruling which will set precedence for those in the executive arm of government to observe the separation of powers.

Mkandawire ruled that Mutharika and Muhara should settle the costs personally to the claimants who are Human Rights Defenders Coalition, Women Lawyers Association, Magistrates Association and the Malawi Law Society.

“…the respondents [Mutharika and Muhara] had acted defiantly, were unreasonable, were not prudent, acted outside their Constitutional mandate and very wanting,” says Mkandawire in his ruling.

Added judge Mkandawire in his determination: “As it was already submitted by the applicants’ counsel, the two respondents are well seasoned lawyers.

“One a professor of constitutional law. The otjer a Judge of High Court. They should have been very conversant with fundamentals of the constitution and in particular issues of separation of powers and judicial independence.

“This is a proper case where professor Arthur Peter Mutharika and Justice Lloyd Muhara should be personally liable to pay costs.

“I so order,” reads the judgment in part.

Mkandawire has ordered the registrar of the High Court to assess the costs.

Ironically, Muhara is a judge of the High Court while Mutharika is a professor of law.

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21 replies on “Court orders Mutharika, Muhara pay personal costs in Chief Justice forced retirement case”

  1. A very emotional judgement. There are precedents where Chief Justices have been sent on an early retirement. I do not think Muhara and Mutharika acted outside of their mandate. There was no relationship between them and one had to go. The attempt to relieve Nyirenda of his duties is nothing strange just like Malawians relieved Mutharika of his duties. Justice Mkandawire is riding on a wave of anti DPP which is like diarrhoea in the judiciary at the moment.

    1. Use alternative legal facts to argue your case. Otherwise your tribal insinuations just smacks sheer ignorance “empty tins”.

  3. Adagenda ku polisi a Peter. Angamatche against ma judge! Sadati milandu ndiyosayamba. Tiyeni nawo ma lawyer ochita dzimbiriwa.

  4. Why cant they Just leave our ex president alone

    First fulfil the promises u made

    Within 6 months of power
    Oil has increased with vat

    Wow what a change

    20ltr from 19500 to 22600

      1. Khani sindi ku koba moya

        Koma muka bweresa khani ya kaare
        Ilowa so dalama
        Oyamna da losa kare tizi loosa dalamavkaviri

        Ku hirra ma lawyers
        Dalama ya judge
        Thaawi so inongeka

        Tingo siya zimenezo
        Tiyambe za newone

  6. Mkandawire is a nepotistic judge. Has never ever ruled in favour of Dpp. He has a bone to pick every single time. Muntharika and Mubarak were acting as government why would they pay from their pockets??

    2. Mmmmmmm, luckily we did not have nepotism in Malawi before DPP, you introduced it yrself ndiye isakuwaweni. Nyekwe is real with nepotism.

    3. You deliberately give him bones and expect him not to pick it? The question most Malawians are asking is, how did these people manage to make so many legal blunders when (not if) they are renowned lawyers? Anyway, ingowauzani abale anuwo alipire, kenako adziyembekezera ma bill ena amene tikudziwa kuti abwera ndithu. Anthuwa ndi ama blunder, zina zibwerabe ndithu.

    6. Hold that stupidity to yourself and stop waffling because your people acted arrogantly and selfishly knowing very well they were not supposed to do it, No wonder the law society questioned his actions. They have come home to roost. Next time we will not have such executive arrogance as was demostarted by the two

    7. Do you see anything that should have really favoured DPP and Mthalika? They broke the law let them pay for that

  7. Mwaonatu a Muhara, ulomwe wakuphetsani, nanunso acting ngati mtchona. Mwakula mwatha. How do you feel now that the person you forced to retire is now your boss (Chief Justice). Money and Power corrupts mind really

  9. Hahahahahaaaaaaa. We have mbava bushiri’s story, then this. Yes, let nkhalamba and his friend settle the bill or lock them up.

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