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 has challenged the court order
Muhara: Challenged the court order

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.

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gondwe
gondwe
27 days ago

alipila zawo apo biiiii awabaye kuthako agalu amenewa

Compromised justice
28 days ago

They were Civil or public servants. So why should they pay from their pockets?

Baba Tunde
Baba Tunde
27 days ago

That’s the best way to make people who abuse their positions accountable. What they did was not part of their job.

mtete
mtete
28 days ago

This is the best time to slap more charges on these thieves, and there are several crimes they have committed.

Mwanawajudge
Mwanawajudge
28 days ago

A biased Tonse alliance vindictive judge. This is nothing but persecution. It shall end in tears.

Baba Tunde
Baba Tunde
27 days ago
Reply to  Mwanawajudge

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

Wachiyao
27 days ago
Reply to  Mwanawajudge

Yes it shall end in tears. Mutharika’s and Muhara’s tears.

Kuku ngbendu wazabanga
Kuku ngbendu wazabanga
28 days ago

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.

Mangochi Kabwafu
Mangochi Kabwafu
28 days ago

Alipiledi agalu amenewa or be arrested.

Mbowe
Mbowe
28 days ago

Iwe ngati sudziwa ndiwe munthu wopepera, zolemba zakonso zombwambwana

Central
Central
27 days ago
Reply to  Mbowe

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…………….!

Wachiyao
27 days ago
Reply to  Mbowe

Mangochi Kabwafu akunenena zoona. Ombwambwana ndi iweyo Mbowe. Kupusa kwa ambuyakowa, khothi akukalisumira ku khothi kkkkkk!

Gee
Gee
28 days ago

Ndebwino kuti ndalama amaba zija zizitha atambwari amenewa

Alamu Pumani Mwakalamba

Kodi iwe Muthalika ndiwe munthu wa makanidi eti? Munthu wosamva. You are idiot very obstinate and you are still fighting the courts?

Zingalume
Zingalume
28 days ago

Just double the costs please, to give a lesson to others

Fine
Fine
28 days ago

How much are costs by the way?

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