Malawi CSO leader Kajoloweka gets Africa Court relief on K21.6m order over maizegate

The  African Court on Human and Peoples Rights (ACHPR) has suspended the enforcement  of the decision  by the Malawi Supreme Court of Appeal to slap Youth and Society (YAS) executive director Charles Kajoloweka with a K21.6 million costs bill   in a case in which he sued President Peter Mutharika to fire his then Cabinet minister George Chaponda in connection with a controversial 2017 maize import deal.

Kajoloweka: Impunity must fall

With the order by the African Court , the K21.6 million costs bill  is suspended and the matter will now go for full trial in Arusha, Tanzania.

Kajoloweka confirmed the development with Nyasa Times.

“We thank our partners Pan Adrican Union Laywers, International Commission of Jurists (ICJ), Osisa and our selfless counsel Wesley Mwafulirwa and all Malawians for the support. Impunity must fall, corruption must fall and injustice must fall,” said Kajoloweka.

The order of costs stirred debate as activists and commentators described it  as exorbitant and unrealistic, especially considering that Kajoloweka was carrying out his duties in the interest of the public.

Initially, government through Attorney General (AG) Kalekeni Kaphale demanded K15 million from Kajoloweka in through a letter dated February 25 2019.

Governance expert and commentator Makhumbo Munthali, who is on record to encourage  Malawians  to directly access  African Court on Human and Peoples rights on various human Rights violations following Malawi’s deposition of the Declaration of the African Court Protoco, has welcome the suspension of the order  to pay costs.

“Glad that funally we have a second case referred to African Court. This is the court that has been underutilised by Malawians despite Malawi government being one of the few countries that made the bold decision of allowing its citizens and human rights NGOs with observer status at African Commission such as CHRR, CHREEA to directly access the court after exhausting domestic legal avenues,” Munthali told Nyasa Times.

There are about 28 member states who  ratified the African Court Protocol requirement allowing individuals and NGOs with observer status before the African Commission on Human and Peoples’ Rights to directly access the African Court. These include Malawi,  Burkina Faso, Mali, Tanzania, Ghana, Rwanda and Ivory Coast.

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Wawo
Wawo
1 year ago

Isn’t there an editor at nyasa times….wish too many spelling mistakes for a news outlet.

Noxy
1 year ago

Tangolipilani musataye nthawi ndi African Court.Kuzemba uku kulipila mlandu.Munanyozanyoza anzanu kuwanena kuti akuba pamene anzanu sanabe kungowayipisila mbili yawo basi lero mwawonekera ng’amba kuti mumangofuna kuyipitsa anzanu ndiye muzizemba kulipila mulandu ayi lipilani basi.

Sahara
Sahara
1 year ago

What’s funally?

Peter
Peter
1 year ago

Let him pay…..amaziyamba dala

Che Ntopeya
Che Ntopeya
1 year ago

Malawi is a sovereign state and is not bound by the decisions of the said court!

Munthu
Munthu
1 year ago

This was an attempt to silence Kajoloweka, but it won’t work.
What wrong did the young man commit to deserve such punishment?
Truth will always prevail, no matter how hard you may try to hide it.

MASO ENA
MASO ENA
1 year ago
Reply to  Munthu

Mwati Young man?

Chikafu
Chikafu
1 year ago

Nkhani ndiyoti, is Malawi a member of this court? Not just by the fact that Malawi is an African country, but is it accepted in our Constitution that one can appeal to African court or we are just being maniac?

Kingdom come
Kingdom come
1 year ago

That court has no authority in Malawi just pay up. Plus your case wasn’t about human rights at all. To quote the concourt madise what kajoloweka has done is ‘judicial tourism’. Kajoloweka has now joined Thom mpinganjira and ralp kasambara as beneficiaries of judicial tourism. Search for a favourable judge wherever you can find him and lodge your case at his court you surely win🤣🤣🤣

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