Mutharika apply for legal costs review, to pay less than K69.5m: Muhara seeks ‘stay of execution’
Former president Peter Mutharika and former Secretary to the President and Cabinet Lloyd Muhara have filed an application for a review of assessment of costs which High Court ordered them to pay K69.5 million for decisions they argue were made in their official capacities.
Mwayi Banda, a lawyer from Tembenu, Masumbu & Company legal firm representing Mutharika, said his client is seeking a review of the costs, saying they want it to be lower.
“We have applied for the review of the assessment of the costs,” said Banda.
“We also intend to apply for the stay of execution of the order of the costs,” he added.
Muhara’s lawyer has applied for a stay of execution of the costs and Banda said Mutharika will be joining the application.
“Since there is already an application by Muhara’s lawyer, we intend to join since it is the same case,” Banda said.
Malawi Supreme Court of Appeal Justice Charles Mkandawire, ordered Mutharika and Muhara – when he was hearing as High Court judge – to pay costs incurred in the case where they were found guilty of forcing Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea to proceed on leave in May this year pending retirement next year.
Mutharika and Muhara —who are also lawyers—were faulted for interfering with the independence of the Judiciary after they had asked Nyirenda and Twea to go on leave pending retirement.
The court said the two had no powers to send the judges on leave as issues of leave were an internal administrative matter of the Judiciary.
The two were ordered to pay costs for the case as a way of ensuring that public officials carry out reasonable decisions.
Just add another fine on top
I fail to understand APM, at that old age what was the use of those huge sums of stolen money and houses that you were building? You stayed with the azungus but never learnt from them.
Paja Muthalika ndi wa makani. He always thinks he is the best lawyer in the world. He thinks he is the best judge. You must thank you brother and rigging tactics otherwise you would have died like a thief. It is unfortunate that you and Bakili will be given a state funeral. You don’t deserve that.
These should not pay anything. Who has ever been paid because someone asked you to go on leave. This is upsurd. The courts cannot be everything.
They are ordered to pay legal costs of the case that arose due to their action which was outside their respective mandates. Kumazimvetsa zinthuzi musanayikepo mlomo.
Cut off the costs or just remove all these costs it doesn’t make any sense at all.
Delaying tactics. Just send sheriffs to confiscate their stolen property.
Just dismiss with yet more costs again. Abwenzeko zimene akakhala akutibela.
I urge you, don’t give in on this! We need precedences like this to show current and future leaders that nobody is above the law! What is 69 million to guys like them? I guess this Muhara is up to now on government payroll as a high court judge and Mutharika get’s anyway his retirement perks?! For how long do we taxpayer have to continue paying criminal, selfish leaders like this?
Lock him up, lock up the thief Mutharika. Shameless thief thieving at his old age. Shameful. Lock him up.
Double the amount. As it is it not their hard earned money. It is stolen from poor people of Malawi.