Mutharika, Muhara challenge court on costs
Immediate former president Peter Mutharika and former Secretary to the President and Cabinet Lloyd Muhara have challenged application asking the court order that they pay costs for forcing Chief Justice Andrew Nyirenda and Justice Edward Twea to go on leave pending retirement earlier this year when they had no powers to interfere with Judiciary operations.
Mutharika and Muhara have hired Tembenu, Masumbu and Company law firm to challenge the case.
Lawyer Mwayi Banda of the firm confirmed that he has already filed submissions challenging the application for order of costs to be borne by Mutharika and Muhara.
“We are opposing the application that they should pay costs,” said Banda.
But he could not give details on the grounds for challenging the matter, saying the case will be argued comprehensively in court.
Lawyer for Human Rights Defenders Coalition (HRDC) and Association of Magistrates in Malawi Khumbo Soko and Malawi Law Society lawyer Wesley Mwafulirwa, who took the matter to court to challenge the decision by Mutharika and Muhara, both confirmed being served with submissions by Banda.
The case will come up for hearing on October 5 2020.
Prior to the June 23 2020 Fresh Presidential Election, Muhara wrote the Chief Justice and Twea asking them to proceed on leave, saying they had accumulated more leave days than the remainder of their office tenures.
However, the Malawi Law Society, Association of Magistrates in Malawi and Human Rights Defenders Coalition challenged the decision by government to force the two judges to go on leave pending retirement.
The applicants sought judicial review of Mutharika and Muhara’s decision but also prayed that costs of the case be personally paid by the two to avoid wasting tax payers money.
High Court judge Charles Mkandawire faulted Mutharika and Muhara for interfering with roles of the Judiciary, saying leave administration is an internal issue within the Judiciary.
He said the Executive arm of government cannot interfere in the affairs of the Judiciary, an independent arm of government that is equal to the Executive and Legislature.
The judge pended the costs application to allow Mutharika and Muhara be heard.
Follow and Subscribe Nyasa TV :
alipila zawo apo biiiii awabaye kuthako agalu amenewa
They were Civil or public servants. So why should they pay from their pockets?
That’s the best way to make people who abuse their positions accountable. What they did was not part of their job.
This is the best time to slap more charges on these thieves, and there are several crimes they have committed.
A biased Tonse alliance vindictive judge. This is nothing but persecution. It shall end in tears.
You can join the legal team and make hour stupid points in court. You can also bring back the deposed cadet magistrate from Zomba to help you out
Yes it shall end in tears. Mutharika’s and Muhara’s tears.
Paja ma lawyers aku Malawi ndichoncho, amakusumila dala cholinga chawo is not justice, but just to get themselves to a court order on costs. Instead of claiming for costs they even claim mark up. I hear we have so many lawyers who sit at Central hospitals’ emergency ward looking for accident victims. Their aim is to sue somebody in a friendly court, get compensation and the victim usually gets peanuts while the lawyer enjoys the money awarded for costs.
Alipiledi agalu amenewa or be arrested.
Iwe ngati sudziwa ndiwe munthu wopepera, zolemba zakonso zombwambwana
You’re fake too….! Based on your take it appears you want to make us believe kuti abububu akowo ndi odziwa, pamene ayi ndithu zilekwa zachabechabe? If they knew why were they failing to understand the roles of the Executive on the Judiciary…………….!
Mangochi Kabwafu akunenena zoona. Ombwambwana ndi iweyo Mbowe. Kupusa kwa ambuyakowa, khothi akukalisumira ku khothi kkkkkk!
Ndebwino kuti ndalama amaba zija zizitha atambwari amenewa
Kodi iwe Muthalika ndiwe munthu wa makanidi eti? Munthu wosamva. You are idiot very obstinate and you are still fighting the courts?
Just double the costs please, to give a lesson to others
How much are costs by the way?
Muhara and Muntharika – why pay lawyers to argue a case which if you lost again will just increase the costs. You would just have paid – now this is double payment. You need an economic advisor besides an attorney as they seem not to help. Actually they have never helped.
They can afford, they have a lot of money stashed away
Kkkkk! Abweza zonsezo, njira yake ndi yomweyi.
pitala anafikapotu. kudzifila heve. so pompous..grandiosity eee. pompous. untouchable .mpaka kumatuma ana an’gonoan’gono ngati ka 23 year old MP kaja kumatukwana a Malawi..
cinkhalamba galu wacabecabe he was just fit to stay ku SOUTH BEND KWA AMERICA konkuja kuti azipanga ucitsilu umeneujao. fwitondo namagwelu pakamwa pomphochokapo. anthu awa anaatikwana kufika potithobwa mmaso a malawi kuti asamaone kutsogolo. kubwafuka kukamwa eti. mxiii.
musawanyengerere.
ma account obkokedwa aja zikuti bwanji.
ya
beni phili
roza mbilizi
magilasi
getuda
mcaca
ya ma albino yomwe ntaba anachulidwamo.
etc.
cilungamo ndi comwe tikufuna kumva.
komaso Cisale abwereta liti ku maula??? bodza lake kuti akudwala ndi zopanda nsuzi izi. MACAWI mitima ya a malawi ikhazikike.
Kkkkkkkk koma yea!! aMalawi mwakwiyadi!! Madando anuwo ndiomveka, boss
APM, do not waste your time. You have never won a case just pay.
Agreed. Just pay.
True. Just pay bwana and save yourself from further embarrassment.
They have already lost, Mkandawire is a known biased judge. Zero integrity, corrupt to the core and nepotistic beyond reproach. Mtumbuka wankhandza. Just pay, he will triple the cost this guy
Zopanda mfundo izi.Muchila muona
Simunati muona nyekhwe!
The behavioural attributes that you have tagged on Justice Mkandawire actually belong to Mutharika. Musayiwale kuti APM ndi DPP yonse akhala akutukwana kwambiri ma judge. It’s payback time, madala. Mutharika and his ilk will be squeezed till there is nothing to squeeze anymore.
Thieves will always find him biased
I am glad to see that you know kuti gogo APM & Company sangawine. So, please pump some sense into them, tell them to pay.
APM and his friend have to bear the cost, this will serve as a warning not to interfere with other branches of government, being in executive doesn’t make you above the law.