MEC hires lawyers from South Africa: Malawi tax-payers to pay K500m legal costs

The Malawi Electoral Commission (MEC) has hired South African lawyers   to help in the elections appeal case, as the electoral body has submitted to Supreme Court of Appeal their  application to stay a judgement that annulled the presidential election.

MEC lead lawyer Chokhotho:  Praying for stay order

Embattled  MEC chairperson Justice Jane Ansah has confirmed the hiring of Mboweni Maluleke Inc Attorneys  of South Africa to beef up the legal team headed by local private practice lawyer Tamanda Chokhotho.

According to documents seen by Nyasa Times, the South African lawyers will be paid $788,500 (over K500 million).

Meanwhile, Chokhotho  has filed submissions to Supreme Court of Appeal  seeking a stay order before the substantive appeal case is heard.

The High Court, sitting as a Constitutional Court in Lilongwe, declined to stay its own judgement delivered on February 3, compelling  President Peter Mutharika, first respondent in the presidential nullification petition case, and MEC, second respondent, to take the stay application to the Malawi Supreme Court of Appeal.

Should the Supreme Court grant  a stay order, it would mean all the orders the Constitution  Court gave, including an order for fresh presidential election within 150 days and subsequent preparations for it, would come to a halt, according to legal experts.

The stay order would also mean all steps Parliament took in preparation for the fresh presidential poll as directed by the court, including electoral Bills that were brought before Parliament and passed, would be null and avoid until the substantive matter is heard .

But if the Supreme Court declines to grant the stay order, preparations for the fresh presidential election would continue, with the Supreme Court proceeding to hear the substantive appeal case.

And should the court grant the stay order , Minister Everton Chimulirenji, the dethroned State vice-president following the nullification of the presidential election,  will automatically reverts to his position.

The Constitutional Court judgement saw Chilima retaining the position of State Vice-President based on May 20 2014 presidential election when he paired with Mutharika as his running mate. The court also maintained Mutharika as President based on that 2014 ticket.

After falling out with Mutharika, Chilima went on to form UTM Party although he remained vice-president and contested for the presidency in the disputed May 21 2019 presidential election in which Mutharika was controversially declared winner.

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Nasingwe
Nasingwe
8 months ago

plesdent wakale wa SA siemwe anasokoneza nao za cisankhoyo???? azatani ma lawyers ndiye?
mw lawyers pls awa ngati abwerer not to work from our courts, ndi misonkho yathutu. mwauuziletu.
milanduyo azikakambila ku ndata not in our buildings okkkkkkhhhhyyyyyy

Soso
Soso
8 months ago

MBUZI ZINA MKUMATI ife a business ma business sakuyenda chifukwa cha ma Demo. Can’t you think of how this Satanic government is sacking your little earnings through taxes. Mavuto ali ma boarder umu. Munthu kuvutika wekha ndalama kumangothera ku boma. Nde mukuti atakupangireni voice out ndindani. This stupid government amakonda mbuli ngati inu.

Mwana wa Bakha
Mwana wa Bakha
8 months ago

Ma South African lawyers have ripped big without sweat kikikikikikikikikik

Mwana wa Maliseche
Mwana wa Maliseche
8 months ago

Mlandu wake uti,???? the same one which has been thrown out by the Supreme Court??? adya zaulere ma Lawyers kikikikikikikik

Mina
Mina
8 months ago

All Peter Mutharika and Jane Ansah wants is to cover all their dirty stuff from the tippex election. And if they win the case wide open their mouths lying that the international lawyers said it that tippex election was credible and fair. While it’s people’s taxi money wounding there pains.ෆ╹ .̮ ╹ෆ

Steward
Steward
8 months ago

A national disgrace. They must be held to account. Irresponsible use of public funds.

lincoln
lincoln
8 months ago

Not surprised. Chokhotho is not good. We know him from way back in School. He was outwitted by many other smarter guys.

XAXA
XAXA
8 months ago

Why are people complaining? ConCourt judges told us that no-one should complain about state money being paid or used to achieve justice and democracy.

Mandado@147
8 months ago
Reply to  XAXA

May your family suffer from luck of medicines in the hospital only then you will learn what taxpayers money is meant for!

Goerge
Goerge
8 months ago
Reply to  XAXA

Yes but this is state money to serve the interest of the under performing MEC and not the issue of the Malawians. The nullification and their removal will give all Malawians to decided as a nation and will be inlcusive

Chilungamo Chimawawa
Chilungamo Chimawawa
8 months ago
Reply to  XAXA

pano mwaona Nyekhwe!!!!!

Lola
Lola
8 months ago

We are going to spend billions on elections. It’s better to get a foreign lawyer at that high amount to save us from spending so much money on a USELESS re-run.

Mashatini
Mashatini
8 months ago
Reply to  Lola

For whose benefit nanunso?

Ruwera
Ruwera
8 months ago

DO NOT complain about MEC hiring foreign lawyers. our judges said we should not complain about money because it is government money. MEC entitled even to get a lawyer from the USA. That is what justice is about. Like democracy, it is EXPENSIVE.

James Banda
James Banda
8 months ago
Reply to  Ruwera

Did they say we should import people from theba

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