Court to hear Mutharika, Muhara  plea on costs on April 15

The High Court in Blantyre has adjourned a case in which former president Peter Mutharika and former top civil servant Lloyd Muhara  are asking for the suspension of K69 million court costs they were ordered to pay.

The Registrar of the High Court Antony Kapaswitchi has adjourned the case to April 15, 2021.

Mutharika and Muhara were found guilty of interfering with judiciary operations when they ordered Chief Justice Andrew Nyirenda and another senior judge to proceed on forced leave.

Lawyer for the two, Mwayi Banda, said their basic argument is to allow the court to first hear the review of the matter  scheduled on April 26, before proceeding with the enforcement of the matter.

“The stay [of execution of the order] is crucial because if granted, the order for costs will not be enforced until review has been made. As it is now, the applicants can claim the money,” he said.

But while Mutharika and Muhara—who served as chief secretary to the Government, a title now reverted to Secretary to the President and Cabinet in the Mutharika administration—are fighting to have enforcement of the order put aside, lawyers for Malawi Law Society (MLS), Human Rights Defenders Coalition (HRDC) and Association of Magistrates in Malawi have already started the process to claim the  K69.5 million legal costs.

Lawyer Khumbo Soko, representing HRDC, said they have already written banks  asking for execution of the court order.

Soko said the banks have been served with third party debt order.

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