Mutharika loses his immunity from prosecution

Former president Peter Mutharika has been stripped of his immunity from prosecution and that he can now face charges, a law expert has said.

Mutharika. Stripped of his immunity -Photo: Thoko Chikondi, AP

University of Malawi’s Chancellor College dean of law Sunduzwayo Madise said following legal ritual of new leader Lazarus Chakwera being sworn in as President  of Malawi after winning an election rerun, the immunity has been inherited by Chakwera while Mutharika has lost it.

“And just like that by operation of the law the immunity that the former president had against prosecution and suits is gone,” Madise wrote on his Facebook wall.

Saulos Chilima, the vice-president, during Mutharika regime and remains in that position as Chakwera’s deputy,  accused Mutharika of high-level graft.

Mutharika’s Democratic Progressive Party (DPP) officials were involved in numerous graft scandals including former minister Ben Phiri and Chief Secretary to government Lloyd Muhara.

With law degrees from the University of London and Yale, Mutharika left Malawi in the 1960s to settle in the United States.

He returned to the country in 1993 to help draft its first democratic constitution after the fall of Hastings Banda’s dictatorship.

Mutharika went back to the US but returned home in 2004 when his brother came to power, serving as his informal advisor.

A widower for 30 years, Mutharika has three children. In 2014 he married his second wife Gertrude Maseko, a former member of parliament.

Mutharika has been defeated by Chakwera who secured the required majority, with 58.57% of the vote, the electoral commission said.

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83 replies on “Mutharika loses his immunity from prosecution”

  1. The law has to take its course, we as the citizens have been victimized and robbed of our public funds. I can’t imagine how I wish all this is followed up

  2. Tumbukas who have filled themselves in the universities think that they are the technorants for MCP/UTM governent.Other tribes are coming to fill those vacancies soon kkk.Namachende Chakwera timuonera kkk He is the most nepotist if you don’t know

  3. African President sindrom. Why fighting your predecessor , Malawian people expect more than this.
    Try to do something different than fighting the former regime.

    Allow them to invest their monies in the country than pushing them invest else where.

    We have seen this in a lot of African countries and it doesn’t paid.

    Let’s learn from the likes of America

    1. You can not expect every sitting president to abuse office and go scot free. you are making reference to USA. Do you even know how the FED work let alone the governance system??? We have our own African syndrome of corruption and oppression.. let that be Malawi’s case.

    2. if did nothing wrong, which is expected of him, then no need for panicking. Otherwise it can’t be witch hunting.

  4. Milandu Munawina
    Masapota Mwatimenyela
    Chisakho Mwawina
    Ndiye Mukuti Peter Mumange Jomba izi zokha sizitheka try

    1. Pajatu chilichonse mumati ndi chosatheka, until everything came to pass… apanso mumuona mbuyanuyo akulowa mu chitokosi.. munya muona

  5. Iwe Madise, can u tell us what happened to $40,000 that went missing at FAM? Why were u convicted? Plz kindly let the people know. We dont want speculations . We wanna hear this from the Horse’s mouth.

  6. Madise stole 40.000 dollars while at FAM and was convicted… De uziti fwefwe umazitenga ngati ndani kapolo iwe

    1. eyetu mesa mukuti convicted nde nkhani ili pati tsopano? nanunso agogo anuwo ngati anaba apite ku court akayankhe mulandu in front of Justice Kenyatta Nyirenda…..lol

  7. Hey Madise! It’s more than enough from you. Prof Mutharika loses immunity soooo?? Guys, don’t mess around with the DPP gurus, you will get what you have been looking for. We ‘ve accepted cooked defeat but DPP will bounce back strongly. I can see mcp serving one term. We ready for you and again, don’t mess around.

    1. In your dreams. By the time Laz’s first term ends, you dpp thieves will have no money, all of it either you have spent or confiscated by the new government.

      And lastly, please don’t wake up the sleeping beast of mcp, you know what it can do.

    2. Ndipo ndaseka ndipo ndakhulupilira, Nyekhwe is real. in 5 years time DPP ikhala itatha ngati makatani

    3. A clement, which cooked defeat are you referring to? Why cant you just swallow your pride and appreciate that the other side has defeated you fair and square! The blue camp must just go to their drawing board and reposition their selves to convince the king makers (Malawians) that they are wealthy their vote. Never take Malawians for granted again otherwise expect to be humbled again.

  8. What happened to Funds at FAM? Can Mr. Madise address us plz? Mukuona corruption ya a nzanu, yanu mwaiwala kale? If u live in a glass house, Don’t throw stones. Kapena titi osamachosa ka chisoso mmaso mwa nzako mwako muli chi mtengo.

  9. The world is round indeed, Peter Munthalika wanted chief justice to retire look now who retires first.When you become a leader do not persecute people who are innocent without reasons.Do not fight people because of where someone is coming from, sometimes this backfires and hurt the one who wants other people to be punished.This has been happening even in the Bible people like Daniel in the dean of lions and the the Israelites Shadrack, Meshach and Abedinego. Leaders stop punishing north Malawians, these are big reasons to learn for future generations to come.Dpp is out because it touched wrong people.Treat all Malawians equally, give opportunity to all Malawians.Merit system is the best in the world.Fovouritism is bad, nepotism is bad.

    1. That’s true Muthalika was misusing the office why did wanted to send chief Justice Andrew Nyirenda to holiday nw it has back fires to him…….

  10. Charged with WHAT? This politics of reciprocity in Malawi should end. In particular there are some lawyers who always guide us towards hate, misery, and judgement just because they are lawyers. Why can’t we respect our past presidents? Don’t make unnecessary comments just to be heard.

    1. All past wrongs MUST be investigated and if foul play is discovered, PROSECUTION, period.

    2. Thieves should be prosecuted, regardless of whether they are a former president or a street vendor!

    3. Not when someone has taken from the government coffers.Its our money,our taxes and nobody should not take what is ours for free.

    4. NDADABWA. iwe its not hate but pipo should learn that to be in power is not a blank cheque to fraud. Malawi has lost lots of billions when the poor cant even afford to buy paracetamol and they die, is that making any sense to you? Jane ansa spending K6 billion to back up a particular party was that fair when we had no PPE is hospitals? Come on man!

    5. Inuyo mwamva kuti charged with what? Olemba wangonena kuti immunity yatha, sananene kuti Petulo ayimbidwe mlandu. Ndiye inu mukudandaula chani? Mukudziwapo kanthu, eti?

  11. Kodi iwe mtumbuka Madise ku chanco ko umazitenga ngati ndani? Anthu oyipa ndi odzikonda kuphatikiza tima judge tachitumbuka tadzadzana ku ma court.

    1. I got a feeling something is gone horribly wrong recently but I just cannot figure it out… Venting on Tumbukas and they are not even heading the government! It’s hard to shake off nyekhwe syndrome 😂 Time for grief 😭😭

    2. Sokosi for your own information stop addressing anyone by tribe that’s with DPP and that long gone it’s the past. Tonse alliance don’t discriminate we are all one body. We are here for unity love peace name it and with God on our side we shall perceive. We believe in one true awesome living God 🙌🙌🙏🙏

    3. On merit adzadzana, not like mlakhos who shamefully occupy all top government and parastatals positions purely based on nepotistic and tribalistic selection / appointments system.

    4. They have sent Mutharika Packing, he started afight against them, they made sure he goes before tem, u cant win a fight against tumbukas my friend, keep licking your wounds for now

  12. Madise should also not appear as a saint here. He is also an ex-corruption convict. He was involved in corrupt practices while at FAM and was convicted by the court. Just keep quiet osamachuluka nzeru apa.

    1. Taxy have you ever heard of living a new life and regretting the past? Behold we all fall short of the glory of God none has never sinned in this world. It is called repentance get on with it mate

  13. He will now know that power is short term when new cabinet is appointed. This guy was too obsessed with power. Sorry Mutharika, none care about you any more. All who claimed to be your sons and daughters can’t save you

  14. The arrogant, in-your-face impunity with which these DPP crooks dipped their bloody fingers into the national coffers was beyond the pale.

    Osawamvera chisoni. Agwireni, ayimbeni mulandu, akwizingeni ndipo aponyeni mchitokosi!

    His Excellency Dr Laz will have to immediately (before the week is over) appoint new officers to replace incumbents of the following influential positions: IG(POLICE), DG(MACRA), DG(MBC), CG(MRA), CEO(MERA), G(RESERVE BANK) and of course all PSs who are unqualified.

    KWACHA!!!

    1. Muluzi adzamuuza muthalika kuti ayambe kudwala kuti asazengedwe milandu nanjinso ndiofooka kale adadi kudzakhala milomo lende ndi matenda aboza. Koma asayiwalenso kuchotsa army commander we need Nundwe back and not namathongo/namathenga whatever his name maybe I don’t mind he should go together with adadi

  15. pano ndi pomwe ati aone m bale ace nfani munthu ozuza uyu ndi getu wake.
    ”’WE FED HIM FREE MEALS AND SHELTER FROM DAY 1 HE LANDED IN THIS COUNTRY”’ WHEN OUR KIDS WERE NOT HAVING ENOUGH FOOD
    NO MEDS IN HOSIPTALS
    NO BETTER EDUCATION
    NO JOBS FOR OUR WELL TRAINED KIDS
    NO DIGNITY IN THE BUSINESS SECTORS
    WE THOUGHT HE BECAME A PRESIDENT BUT INSTEAD
    HE
    GETU
    CHISALE
    JENI
    GLEZEDA
    MSAKA
    DAUSI
    AND ALL THEIR FRIENDS JUST KEPT MILKING THE POOR MALWWIANS.
    Imagine some people getting into positions just by spying for him
    kutukwana anthu
    kubera alimi
    kuliluta pa misonkhano
    and they get MINISTERIAL
    PS
    DC
    CEO
    MANAGER
    POSITIONS. IN THE NAME OF ANA A DA
    HEY COME ON.
    NOW WE NEED TO INDEED REVAMP THIS SWAMP CALLED MALAWI.LET US REKINDLE THE WARM HEART OF AFRICA.
    MUSOVA.
    PANO DAUSI NDIPAMENE ADZIWE KUVOMERA OSATI KUMANGOTI AI SITIKUDZIIWA.

    1. Ana ANKHANDA kumapatsidwa ma promotions osaziwika bwino ma P4, P2 just because they are from Lhomwe belt or relatives. Ena from grade K, no degree or relevant experience akuti P4. Mkulu uyu should BURN in HELL.
      All this mess has to be reverted. Nyasi izi zichoke please. It is not being vindictive, but clean up the mess

  16. Start cases only when you have strong evidence. We don’t want witch hunting. Clear cases are the K145million and the recent cement deal.
    The ministers will be easier . Eg jappie and Botoman. That video is enough.
    Need to audit corvid account. 1 billion went to Beam. Verify. The rest just audit their properties against salary.

  17. Madise is short of just telling us his wish to see Mutharika suffering persecution under the new government. Why was he quet about JB who plundered the sales proceeds of the presidential jet? The well known immunity that Mutharika had was about his treason case which was apolitical and having so many demerits to conclude to successful prosecution.

  18. Don’t forget K145 Million, Beam, Cement, etc. By the way, did Chief Kaomba and Chief Lukwa of Kasungu heard that Dr. Chakwera and Dr. Chilima won the elections?

  19. The ACB should waste no time in unleashing the dogs of war unto this crook. Let him reap what he sowed. Mxii!

  20. That’s contrary to what President Chakwera said on his inauguration. Plz leave the Old man alone. Let him retire in peace. Witch hunting mentality will take us no where. This is new Malawi. Time to move forward, Not backwards. Otherwise, if u want to prosecute Muntharika, then start with Joyce Banda. Justice for all. The Law should be applied equally to all Malawians. No more selective justice.

    1. Zako izo Cadet. That was a platform statement. Iwe umati achite kunena kuti I will do this and that?

    2. It’s not about witch hunting as you would want us to believe, and Chakwera did not mention anything about it. Whoever was involved in corruption regardless of age will have to face the law. No ifs, no buts.

      1. Kkkk palibe mungozivuta. Jb uyo ali pamsanja. Ife ndongolira basi. It will be another never ending charade until the next government

    3. No Justice, No Peace. We can’t move on if Justice is not done. Ndiye Alowawa akadzaba tidzatinso Let’s move on. To stop this Nonsense, Justice must prevail. All crooks must be rocked at Zomba Maximum Prison

    4. If they don’t want to be prosecuted then take amnesty and return all the money that they stole. I can live with that.

  21. Stop dictating what the President should do Mtumbuka iwe.Ife achewa tikudziwa mmene titamupangile APM yo.

    1. We’re not dictating what the president should do, you tribal bigot. We’re just expressing what irked us the most under DPP. And just in case you want to deliberately forget: the Tumbuka vote was what tipped the balance in Chakwera ‘s favour. You Chewas want to copy and paste what the DPP was doing? Anthu ngati inu will spoil Chakwera.

    2. These tribal focused thinking is what hinders growth. The same Tumbuka tribe you are insulting have contributed heavily to Tonse Alliance’s success. Think before you write.

      1. I am Tumbuka too and very Malawian .A Madise nawo titulutse mlandu wa dollar za mpira bwa,? Mbuzi mchewa iwe.Umadikila kuti a Tumbuka tikuyike pa mpando utumbwe?

  22. He will go down in Malawi’s political history as one incompetent, passive and moct corrupt head of state the country has ever had. The first elected president to be voted out of government only after his first term of office due to his awkward leadership style.

  23. Which former president have you seen arrested in Malawi?. Atetezananso AGAIN. When will Malawians learn that they’re being played?

    1. Gentlemen tiyeni nazoni basi aone nyenkwe amanewa anazolowera asapume.Maka uyu muti Muharayu ndi Mchacha wa STD 4.

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