Nyekhwe! Court deterrent to impunity orders Mutharika, Muhara to pay K69.5m legal bill

The High Court in Lilongwe has ruled that former President Peter Mutharika and f former Chief Secretary to Office of the President and Cabinet (OPC)  Lloyd Muhara should pay from their pockets  K69.5 million  legal costs incurred in a case the two were found guilty of forcing Chief Justice Andrew Nyirenda go on retirement.

Mutharika: Ordered.-Photo: Thoko Chikondi, AP

The two were found  of wrongdoing for sending Chief Justice Nyirenda and Justice of Appeal Edward Twea on forced leave pending retirement.

Both Mutharika and Muhara were dragged to court over the matter by Human Right Defenders Coalition (HRDC), Association of Magistrates in Malawi and Malawi Law Society (MLS).

Mutharika and Muhara have been ordered to pay K26 million to HRDC and Magistrates Association as first and second applicants respectively, while the third applicant Malawi Law Society is to receive K43 million.

Private practice lawyer Khumbo Bonzoe Soko says the High Court order is a great decision for accountability of those who hold powers of state.

Soko—who represented HRDC—says the ruling sends a message that impunity and arrogance have a cost.

“For a very long-time public functionaries have behaved as if they are above the law and scrutiny.

“Safe in the knowledge that the public will pick up the tab for redressing harm, ironically caused to the public itself. This will begin to drive home the truth that there is no longer any safety in that belief.”

In his ruling, justice Charles Mkandawire pointed out that Mutharika and Muhara had acted “defiantly, were unreasonable, were not prudent, acted outside their Constitutional mandate and very wanting.”

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
33 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Kamputeni
4 months ago

I wonder where this country is heading too. It is a clear indication that any case involving Mutharika and or any DPP sympathizer will end in a similar judgment. Here was a chief justice who was due for retirement and the government duty was to remind its employee that the accumulated leave days needed to be exorsted in form of leave. This is a normal process, but because the defendant has become the prosecutor’s boss, you can quickly guess the outcome. Hatred at its best. This country will continue to be divided because a certain race is ruling behind the… Read more »

Giringo
Giringo
4 months ago

Just the right judgement. No more impunity from leaders. It’s payback time for Mutharika and Muhara. They were so arrogant

Mapopa
Mapopa
4 months ago

Is this really Justice??????? I don’t know, koma becareful nthawi yimakwanatu

Amfumu
4 months ago

The Malawi Judiciary is rotten. One day, one someone will pay for their sins.

Kaluli The True Patriot
Kaluli The True Patriot
4 months ago

Izi za ma lawyer okha okha ku chotsana chi mbenene! Mutharika, Muhara, Law Society, Judiciary, Magistrate Association and Private practice. Osa lowerela. Ma lawyer kutetezana okha okha!

Dausee
Dausee
4 months ago

Why are the judges quick on Mutharika and are not finishing cases like Joyce Banda’s cashgate?

Tizanka
Tizanka
4 months ago

If Mutharika would be shot today, the judges will charge him of standing in the way of a bullet. He can’t get any justice in Malawi, the judges have it for him. In Malawi there is no application of law or justice, rulings are purely hatred and tribal based

M. Singini
M. Singini
4 months ago

Eeh.. Mkuluyu, atumbuka amutengetsa. Complainant Mtumbuka, lawyer Mtumbuka, Judge Mtumbuka. No chance.

Kwenu vyatondeka waka Mzara.

Nepotism
4 months ago
Reply to  M. Singini

Iwe ndewe galu kwabasi what about kuba ndalama za boma nkumati Mulli abweze after 277 yrs?

Opportunist
Opportunist
4 months ago

Tiyeni nawo amenewo anatidyera zambiri

Banda
Banda
4 months ago

Poor Judgment to paying private organisations and not paying a fine directly to Government. These Organizations took a sitting President to Court to overturn a Presidents or Government obligation to inform an individual civil servant that they had reached retirement age not that it was to terminate Judges of the Judiciary.

Mfera
Mfera
4 months ago
Reply to  Banda

Thet were wrong to force Judges to go on leave pending retirement. This infringing individuals rights. In the first place the Judges did not commit anything wrong to be forced out of office

Read previous post:
7 000 hectares of maize wilts in Balaka

Balaka district chief agriculture, extension and natural resources officer Denis Zingeni has bemoaned the prolonged dry spells the district has...

Close