K300m already paid to MEC’s South African lawyers ‘for no work done’

April 13, 2020 Wongani Chiuta - Nyasa Times 47 Comments

It has emerged that the Malawi Electoral Commission (MEC) made a half-down payment of  K300 million to its  hired South African lawyers  to help in the elections appeal case and will complete the balance as it still wants them as  backroom legal team despite their admission to Malawi bar being rejected by Chief Justice Andrew Nyirenda.

MEC lawyer David Matumika Banda prepared all the skeleton arguments on the appeal  with help of  private practice lawyer Tamanda Chokhotho

MEC  hired  Mboweni Maluleke Inc Attorneys  of South Africa for the election appeal case at a staggering  $788 000 (about K600 million) million on public funds.

The controversial contract for the procurement of legal services had that the South African lawyers get payment of the 50 percent which was dully processed.

The payment was made when all the skeleton arguments on the appeal  has been done by MEC’s in-house lawyer David Matumika Banda with help by private practice lawyer Tamanda Chokhotho under the guidance of the commission’s chairwoman Justice Jane Ansah.

According to  published reports on March 13 2020 Treasury expressed ignorance of the procurement of legal services of two South African lawyers – Dumisa Buhle Ntsebeza and Elizabeth Makhabani Baloyi-Mere – at public expense.

Youth and Society organisation recently asked  MEC to confirm what Ansah said on March 13 2020 that the electoral body was paying Attorney General  Kalekeni Kahale fees for handling the election case on its behalf as government’s chief legal advisor.

Ansah said this in Blantyre during the National Elections Consultative Forum (Necof) meeting attended by political party representatives and other electoral stakeholders.

“Democracy is not cheap. They are the same costs the Attorney General [Kalekeni Kaphale] was getting when he was representing the Commission in the case,” she told the gathering when answering a question.

YAS asks Kaphale to “confirm or deny this.”

The organisation has indicated that in the event that he was receiving the payment and that it is illegal and improper, they demand Kaphale to return the money.

The electoral body declined to disclose how much it incurred on the presidential election case in relation to, among others, private legal services fees and other administrative costs.

In its demand letter dated February 18 2020, YAS requested MEC chief executive officer CEO Sam Alfandika to provide a breakdown of all expenditures incurred in the case, including unsettled bills, in the spirit of transparency and accountability of the commission.

Specifically, the CSO wanted a breakdown of costs the commission incurred on private legal services, administrative costs and costs associated with court orders awarding costs to other parties in the case.

In his response, the MEC CEO has told YAS that the commission is not under any obligation to share information on the costs on the basis that, among others, the CSO did not provide specific human rights that require information.

“You have not explained how the requested information is relevant to the exercise of political rights as provided under Section 40 of the Constitution,” reads part of the response dated March 3, 2020.

Alfandika says MEC is an independent corporate body that, for the purpose of accountability, is answerable and report directly to the President on the overall fulfillment of its functions and powers.

The letter further says MEC is under relevant provisions enjoined to keep proper books of accounts and its funds are also defined and managed in accordance with the Electoral Commission Act.

In the case, the commission wants the Supreme Court of appeal to overturn the Constitutional Court ruling that nullified the 2019 presidential polls and ordered MEC to hold fresh election.

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47 replies on “K300m already paid to MEC’s South African lawyers ‘for no work done’”

  2. Zinthuzi mumene zikuyendela zikusonyeza kuti awa a polofesa Pitala zoti anapanga law ndi zina chabe palibepo chomwe akusata za law ndithu.Zowona kulephera kupangako ka advice kanzeru kokhuzana ndi zamalamulo ata.

  3. I did not know that cowardice can be this expensive until now. My son will be a lawyer, too many fools to swindle this days.

  4. The half-baked Supreme Court judges have feared 1st Class lawyers from South Africa. These Tumbuka judges and lawyers amazipopa but ndi madeya. From Chief Justice, corrupt and incompetent fools.

  6. There is no problem paying these lawyers. Chief Justice broke MEC’s contract with the SA lawyers, hence, as a country we have to pay them.

  7. The South African lawyers wanted to work. The corrupt Chief Justice and Supreme Court has stopped them from working. So, they need to be paid.

  8. No one but the government of old age Pensioner Mutharika, who has lost his hearing a President whom we Malawians fail to understand when he speaks as he mumbles, has arranged a corrupt deal with these South African lawyers. How does a government pay $788,000 in advance. How? Lawyers are not paid up front certainly not by government. Is this a corrupt deal for Ansah for services rendered to the old age Pensioner President? Enough is enough Muthartika is an unelected;ected President, an imposter who is occupying Sanjika Palace as President he must go and go now.

  9. This is misprocurement and taxpayers funds must be returned if not recovered from the controlling officer in this case Chairperson of MEC personally

  11. You are numbering your days guys.Let me remind you DPP gurus kuti mukamawerenga ma history muziona kaye kuti kunali anzanu ovuta kwambiliso kupambana inuyo koma kumapeto kwake anasanduka zitsiru.Kunali achina Mubarak of Egypt Omar albashir of Sudan and other leaders amene ankaona ngati they were God themselves but panopa alikuti.Mubarak died in prison and Omar albashir is also in prison so who are you Peter Muthalika.

    Just wait and time will tell very soon.

  12. This careless way of doing things at Public Institutions such as MEC must stop.Our tax money must be utilized prudently without obvious extravagance.

  14. MEC is sabotaging the economy of Malawi. Someone should pay for this stupidity. Perhaps a class action to make sure MEC commissioners pensions are forfeited to the state.

  17. Courts decisions are so careless.The first stupid decision was to nullify election which had zero evidence of rigging.The next stupid decision was to stop Kaphale to represent MEC.This is another high profile stupid decision to stop RSA lawyers from representing MEC resulting in loss of cash with a physical appearance reason disregarding the fact that we are living in a computer age where physical appearance is a thing of the past.

    1. The first stupid decision was made by the regime and MEC to rig elections. That decision has cost Malawians money, time, development. Had it been elections were not tampered with, Malawi should have been far by now. You steal votes and you fail to rule, that’s another stupidity.

  18. Komatu anthu enanu kaya munagona bwanji kaya?
    Mme akupangira zithu jane ndi anzake a mec nkumapezabe anthu umupanga back?
    Shame on you the unpatriotic malawians,
    Don’t you feel ashamed of yourselves what these people are doing to ur country? Go ku queens,go ku kamuzu central,go ku zomba general,go ku mzuzu central, kungotchulapo zochepa,
    Anthu okuba mopanda manyazi ngati a dpp sindinawaonepo,koma kkukakamirande mufuna dzikoli lifike patipo?
    Mulungu salora olo mutayesa all the tricks in the book,# end of an era.

  21. Koma pa Malawi ayayayaya we have monsters in top govt positions wo literally do not care about Malawi

  22. Methinks the South African lawyers must have hired Pusch Commey (sp?) to come up with that silly propaganda piece attacking the ConCourt judgement. That opinion piece was a really weird piece of shit. What a waste of our taxes. What’s even more strange is the fact that the Secretary to the Treasury claimed he didn’t know anything about the transaction between MEC and the South African legal team. What a corrupt country!

  23. Let’s accept Malawi is a very rich country. It’s only the masses that are poor. This country throws away fortunes without a care. To begin with had the elections been handled in the proper manner there would have been no need for court cases, fresh elections etc. This has cost Malawi unnecessary expenses in billions with careless disregard.
    Democracy is not expensive what’s expensive is other people’s uncaring attitude towards the voters.
    Who is really to blame for these billions going down the drain???

  24. Wait now I remember, mbelwa is a kingdom 🤣🤣🤣🤣. I urge mutharika to declare mbelwa a kingdom forthwith

  25. I think the action of MEC tantamounts to a criminal offense as the payment was done illegally. This so called Ansah and Kaphale must be prosecuted

  26. Alufandika, Jane Ansa and your commissioners, you shall die a painful death…ndipo mulungu akulangilani pansi pompano….you are too muuuuuuch .How can you be so heartless to poor taxpayers and poor Malawians

  27. Your hatred of ruling dpp is incurring these costs without workdone. The court ought to have let rsa lawyers handle tye case. Unfortunately the court seems to have picked a winner way before trial commences.

  28. It’s the fault of the Chief Justice. The Lawyers wanted to represent MEC so it’s not their fault.

    1. You mean the Chief Justice issued quarantine orders in RSA and Malawi. Ignorance is dangerous. Don’t be fooled by conman APM.

    2. Wamisala Bandawe
      chief justice has nothing to do with the SA lawyers payment. The SA lawyers were supposed to be physically present in court according to the laws of Malawi

      Cadet waona nyekhweee 😂😂😂😂😂

    2. Stupid Kaka or whatever your real name is. This is neither justice nor democracy but day light theft.

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