Court dismisses Mutharika, Muhara application for suspension of costs : ‘Pay the money!’
The High Court in Lilongwe has dismissed an application by former president Peter Mutharika and former secretary to Office of President and Cabinet Lloyd Muhara to pay court costs of K170 million in a case two wanted Chief Justice Andrew Nyirenda go on forced retirement.
Justice Kenyatta Nyirenda said the application lacked merit as it has taken three months for the lawyers of Mutharika and Muhara to make the application, saying such an application should have been made as soon as the ruling was made.
He also dismissed a contention Charles Mhango, one of the lawyers for Mutharika and Muhara that Human Rights Defenders Coalition, Association of Magistrates in Malawi and Malawi Law Society would misuse the money.
Mutharika and Muhara made an application to the High Court to suspend the enforcement of earlier Judgement by Justice Charles Mkandawire who found the two guilty and ordered them to pay costs.
In their argument, the defense lawyers argued that the K69.5 million each costs shouldn’t be paid yet as they may appeal the case.
They further argued that if paid, it will be difficult for Muhara and Mutharika to get back their money if the Supreme Court rules in their favour, saying the claimants would have spent the money by that time.
But in his ruling, Nyirenda has described the application as lacking merit and has ordered the two to pay the cost as laid out by the High court registrar.
Khumbo Soko lawyer representing the claimants said they are still waiting for Mutharika and Muhara to settle the costs.
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Mutharika should just resign himself to his fate. He cannot win any case in these Tumbuka infested courts.
A cockroach is never innocent amongst chickens. I wish I was in Iraq, Libya, Afghanistan or Mexico. Then some people would pay big time. I can see we are moving that direction.
Ndalama anaba zambiri.Just settle the bill
If the Judiciary was truly independent at the time as the third level of government the Court should have thrown out the case at the onset as it was a Judical Committee responsibility to respond to retirement letters from the Executive. Not a fan of Mutharika’s but has not been handled well by the Judiciary it appears as revenge. Court should have held the monies in Escrow (courts hands) until the case has completed appeals.
But they did not tell the courts about their intentions to appeal the judgment when the judgment was made. They needed to do that within a reasonable time or right in the court. But three months later, they still haven’t. Remember, all they asked for was a revision of the figures following the first determination, which the court granted them. Even now, they have not appealed against the judgment. All they are saying is that they MAY appeal. Why then should the courts withhold the money? What if they don’t appeal? The lawyers know the court procedures for appeal but… Read more »
As long as the case are heard by Tumbuka Lawyers who have natural hatred for Mutharika palibe chabwino chingatuluke ku Court . Ndani sakudziwa kuti atumbukawa ndi opanda nzeru. Anthu amenewa ankapatsidwa mayeso nthawi ya Malemu Donton Mkandawire Ali Executive Secretary Ku Maneb mma 80’s. Lero ali thotho mma Court a Malawi kupereka zigamulo za chikuwawe. Anthu opanda nzeru a Tumbuka mmalo momanga nyumba kwao ku mpherembe ku mpoto Ali busy kugula malo mtauni. Ndiye azidandaula anthu akamati kwa ndi ku dead north .Zitsiru za anthu awa owonera mayeso a maneb pa form 4 Yao
Mutharika and Muhara have the constitutional right to appeal all the way to the Supreme Court. Not all the justices on the Supreme Court are Northerners? When people have no facts or truth they resort into tribalistic diatribes. It’s ironic because APM and his older brother run a Lomwe Power government at the expense of all the tribes in Malawi. My home district of Neno is still underveloped inspite of being in the Southern region.
Uchila aise..your hatred and baseless allegations against us will take you no where. Every Malawian has the right to stay and build anywhere in Malawi…you have no right to tell us where to build! Sitinati ..utopa ndikuwelenga nyumba zathu!! Get a life ….useless bigot!!
Hw do u post such racist and divisive opinions,this shud hav bin deleted by ur editor or whosoever,this is nt freedom of speech its tribalistic n such pple nid to b brot to book to ansa,if it ws facebook dis post wud hav bin taken dwn,dont allow small minded and myopic pple to tarnish ur image nyasa times.
I thought atumbuka kwawo ndi ku malawi
Koma NYEKHWE yake abalee. Just sell both Nyekhwe and Mpumulo/Ndata (or whatever the name is) Palaces. After all, they were both built with stolen money meant for the povos.
Both Bingu and APM, have stolen billions of kwachas and because the theft was not investigated by Joyce Banda and now by Chakwera, Bingu and APM have got away it it. Falsely APM declared he had earned billions from his university salary and consultancy as constitutional expert, Bingu said he earned his billions from World Bank etc. These were lies how does Bingu earn US$300,000,000 or more from World Bank. How many Professors in the worls earn billions? Not one. The 2 brothers have stolen billions. the K167,000,000 is too little for APM to pay. Seize his billions and ask… Read more »
Bingu was and Professor APM lives in Palaces they built with stolen billions from poor suffering Malawians. Palaces are for Kings and Queens to live Malawi is not a kingdom we don’t have kings here. Lock APM up. Lock APM now
Ndalama anaba zambiri awa inu. Muthalika mpaka kunama kuti anali nd US$8 million from his job in USA. Ask those in USA and UK if they can make such money from working. The aim was to steal from us. Please pay the money.
KHOSWE SANGAWINE MLANDU PAKATI PA AMPHAKA-makolo anthu anawoneratu nchifukwa anabwera ndi mwambi uwu.we have seen some of the cases being entertained after the lapse of time