Govt set precedent in paying Mulli K3bn on demo looting costs
Malawi government set a precedent when it paid K3 billion to Leston Mulli owned firms as compensation costs of property damaged during the July 20 2011 demonstrations and it will be double-standards to push costs of post-elections demonstrations to be borne by organisers, critics have observed.
UTM Party president Saulos Chilima first observed this at a political rally he held in Mangochi on Sunday and Constitutional law expert from Chancellor College, Edge Kanyongolo, has added his voice, saying pushing organisers to shoulder the cost of demonstrations, government is being hypocritical.
He was commenting on statement made by Minister of Homeland Security Nicholas Dausi that costs of property damaged during the June 20 demonstrations and other costs of post-elections demonstrations will be borne by organisers – the Human Rights Defenders Coalition (HRDC).
“It is outrageous for government to be pushing costs to protesters when the same government paid out compensation to politically-connected businessman over demo damages,” said Chilima.
The payment was authorised on April 13 2018 to Sunrise Pharmaceuticals and Chombe Food Limited—companies under Mulli Brothers Holdings Limited (MBHL).
A private practice lawyer Bright Theu questioned the payment and described it as “dubious” and “questionable.”
Mulli has strong links to President Peter Mutharika through their shared membership of Mulhakho wa Alhomwe heritage group.
Kanyongolo said government is playing “double standards” after the Attorney General ordered the payment of K3 billion to Mulli for what he claimed were damages to his business caused by July 20 211 protesters.
He said “it will be fair it pays the others as well.”
Malawi Human Rights Commission executive secretary David Nungu concurred with Kanyongolo, saying the commission’s position is that only those directly responsible for damages can be liable for their actions.
Malawi Congress Party (MCP) and UTM Party have been joining nationwide protests organised by HRDC demanding the resignation of MEC chairperson Jane Ansah for election irregularities.
During the protests, property was destroyed and some police officers assaulted.
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History repeats,Mulli got it while mob has affected several people in Malawi.People! Have lost lives property where is the government to make laws?It would be Multi because is Alomwe brother¿¿?¿¿??¿??¿?¿?
The government is responsible in guaranteed freedom of expression including the rights and freedom to hold demonstration. The government is also responsible for stopping rooting to ensure the demonstration go ahead. Should the demonstration go ahead and criminal element use it to commit vandalism. The government branch has failed is. Police. Therefore the government pays. If the DPP doesn’t want demonstration BT remember multiparty was brunt by demonstrations andmulti party paved way for UDF, and UDF paved way for DPP therefore it all started from demonstration. During one party , the ruling tried to convince us that Malawi was better off, but we were not . now who wants to convince off?fisithe wsy
That is useless opinion. so these thugs want to damage property so that government pays because it paid Mulli. This is short sightedness.
@ Kaukonde
We told you that the decison to use tax payers’ money to pay muli for demo damages was stupid but you never listened. That is how stupid DPP government is. Some of us neutrals take such comments with heavy hearts because they come to show that you defend government decisions blindly. So please spare us your silly, childish and uniformed opinion. Write again Kaukonde
Don’t you think you are the one being unreasonable here? Ngakhale kholo pakhomo lisamakondele ana. Matters of law precedent
Achimwene a Kaukonde : precedence is a principle of Law . so it follows suit .if Mulli was compensated then Jim and jack have to be treated the same way
Koma inu eh: Precedence principle in Law is not as simple as that.
Takawerengeni Law and Torts 101.
this was an approved demo by the police it means the police were supposed to protect both the prorty and the lifes of demonstrators. also they need do prove beyond reasonably doubt that the demonstrators are the one who vandalised tose property
Ndalamazo ndi zogawana ndi DPP who doesnt know this!
Mulli will refund the money before the year ends. Mark my word part of the K3b went to DPP camping.
Why is DPP accusing people who are demonstrating? DPP should stop deploying it’s cadets disguising themselves as part of the demos. Your cheap propaganda will not deter us from demonstrating. By the way, let me warn your cadets that if they join us again they will regret.
These are peaceful demos. You DPP thieves have calculated this in order to claim compensation. Daylight robbery.
Bingu killed people by ordering shoot to kill. Were the families compensated, no. DPP govt killed Chasowa, Njaunju, torched peoples houses cars etc. DPP set fire to Escom house, and u come up with half-cooked nonsense in the podium.
Gone are the days where Malawians were taken for granted.
In DPP you are all rich at the expense of corruption. Stealing from poor Malawians.
We have hospitals with no drugs. LL central scanner inafa kalekale. But you have money to waste on Spend on Seodi.
I wish i knew those brainless well Swisher’s who cannot see the suffering of Malawians. Pathetic human beings. Mxxxi😡
Point of correction; it’s Jeffrey kachale Banda, Joyce Banda’s son who torched escom house in BT
If it were not a legal precedent , then it is a precedent for what? Coz it is Muli then it is not legal but others its legal, shame on you? Precedent is followed whether wrong or right that is precedent
Kuganiza kwa zii apa.
palibe chipani chomwe chingalipire pa zonse zokhuza mademo chifukwa apolisi amalephera ntchito yawo kutetezera katundu wa anthu, therefore it is the police which is responsible for those damages for failing to provide enough protection on businesses.
This shows that social order is on the loose; what is the role of police and court in a nation. If people are free to damage property without being held accountable then we have rogue institutions. Those who vandalise public infrastructures must pay the cost in terms of damages or else go to high school i.e. prison. The police arrest vandalizers and the court passes sentence which include payment thereof.
Adzafabe awa olo atakhala ndi ma Trillion
Agawana dzikoli tikapusa
Anzathu ndinu odala. Ngongole from MBS bank in billions forfeited, Compassated in billion for property loss. Ife Akukanika kutipatsa mankhwala tikadwala
Police has the duty to protect people and property. They may have already arrested the looters, but if they failed to do their job, then it is something else.
Muliyo ndi wanu yemwe. Mwasungiza. Muzatenganso inu nomwe a DPP.
All we need is boiled sweet potatoes and chombe tea. Do not worry about dinner.
The paying of Mulli was not a legal precedent, and it is not a point to lean an argument on. If it was a mistake, as Kanyongolo and others would suggest, generally, then it is apropos to reiterate the adage that two wrongs don’t make a right. I think we can agree on this.
The legal principle is valid that the aggrieved, and the owners of damaged/stolen property have a right to sue whoever they think is responsible; then it becomes the job of the Courts to apportion responsibility and penalties. And casting a wide net of the legal respondents is probably a wise tactic in this case. These malova demonstrators need to be taught a lesson, through their thick skulls.
Nobody, repeat NOBODY, including the leading politicians in MCP and UTM, leaders in the NGOs, so-called Human Rights Defenders, and even the habitual criminals should be let off the hook.
NOT THIS TIME. Time to take responsibility. If you were brave enough to sponsor, or otherwise encourage, or even turn a blind eye then you could be culpable. The law should catch up to you sooner than later.
“Paying Mull was not a legal precedent but a mistake”, really? I am a layman but if the courts decided that Mulli should be paid and was paid, what will stop others to use the same case to make their case? Is this not the authority of the court that can be cited by others to make their case. Give me Tippex.
“I am a layman but …” Betrayed your confidence right there.
Ukagwere.
A precedent was set, all reparations for violent protests government has to foot them….no two way about it
Inu mumawona ngati mukuwabera a Malawi pano ndizimenezi. If the government has realised that it was irregular to pay Mulli then it should demand back the money with interests.
Good argument but silly
I feel sorry for your ignorance.
Za chambaaaaaaaaaaaaaaaaaaaa…….! Nde ngati ndi zimenezo nde kuli bwino kusiya ma demo ndikuyamba “REVOLUTION – Sudan style!” so that a new system and new law be put in place………………………….!! Zikuonekelatu kuti ena amatumiza ana awo kuti akaswe dala zinthu cholinga kuti adye mitsonkho yathu momwe Mulli anadyela, chaka chino musovengeeeeeeeeeeeeeeeeeeeeeeeeee!! A Malawife timaoneka ngati opusa koma ayi ndithu………..! As Hauya said, the quite calm of Malawians should never be mistaken for cowardice! Pano pomwe tazindikila kuti mwatitola kokwanila simungatithenso kufikila tithana nanu………….. mukamufunse Kamuzu akakuuzani…………….! it is too wrong for DPP to think that as long as they are not seen to be responsible for misgovernment, they can stick to power and somebody else will be blamed………………. mwabisala pachipande zimenezo sizingathekeeeeeeeeeeeeeeeeeeeeeee!
2Central: Mwayamba liti kumunyoza Kamuzu wanu?
I feel sorry for Malawi because the economy is bleeding. I hope that people realise that if they damage property, they are digging deeper holes of poverty and suffering. I suggest that if Ansah is the issue, let them go to Ansah’s home. If Peter is the issue, let them go and demostrate at his home. We all know where he lives.
If the govt accidentally set the precedent by paying Mulli it will reset it to its original proper default settings of having the organisers pay for the damage. Case closed!
Hoping that the reset will also mean Mulli paying back what was given to him “accidentally”
That “deal” was done and dusted. Can’t put the rum back into the bottle.
Why are people afraid now to take responsibility and pay for their direct and indirect actions?
If Government insist on bushing the bills to the Civil Society Organisations, the matter should be referred to court.