Court stops new fees for injunctions

High Court in Blantyre has granted an injunction restraining government from implemented the newly introduced “astronomical” fees for obtaining legal interim relief through injunctions.

This week government raised the fee for obtaining the court injunction with 41,666.07 percent.

In the new fees, the injunction now costs K25, 000 (US$150), from K60.00 (US$0.35.

But three parties lodged to court to stop the implementation of the fees. The parties included private practice lawyer Ralph Kasambara, Malawi Law Society and a court user Hophmally Makande.

Kasambara: Party to the case

They argued that the new fees are “expensive” as most of the people’s salaries are less than K20, 000.

Malawi Law Society was also not consulted in the change of the fees and it emerged that the office of the Attorney General was also not consulted.

In his determination, Justice Healy Potani, granted the interim relief stopping the new fees.

The three parties are challenging Chief Justice and Minister of Justice in the matter.

President Bingu wa Mutharika is on record condemning the tendency by “some judges” of issuing injunctions which he argued is impeding the country’s development.

The government passed a law which entails no ex-parte injunction can be obtained against the state.

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