By Cathy Maulidi
The Opposition Democratic Progressive Party (DPP) has been given four days to pay K59.9 million as costs to Attorney General (AG) Thabo Chakaka Nyirenda.
The costs were initially ordered by the High Court after the erstwhile governing party lost a case in which it was seeking a constitutional interpretation after the High Court— which heard the Malawi Congress Party vs President of Malawi case in 2019— ruled that four Malawi Electoral Commission (Mec) commissioners were appointed illegally.
The four commissioners, whose appointment MCP challenged, are Arthur Nanthulu, Steve Duwa, Linda Kunje and Jean Mathanga and were appointed by former president Peter Mutharika on 7 June 2020 ahead of the June 23 2020 court-sanctioned fresh presidential election.
On June 2 2021, High Court Judge Kenyatta Nyirenda quashed the appointment of the four, citing impunity on the part of Mutharika and this prompted his party, DPP, to file summons challenging the ruling, a challenge it lost with costs.
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“DPP was given two weeks to pay K59.9 million costs but it’s now five weeks and the party has not honoured the payment,” Chakaka Nyirenda said.
The costs are to be paid to the AG, who represented government at the Constitutional Court during the DPP challenge.
“There is default on the part of DPP to make payment. This is a notice to pay. If they don’t pay we will enforce the order,” he said.
A letter signed by Abison Chitukula— who is the lawyer representing the AG— to DPP lawyer Charles Mhango, reads: ‘We have noted that your client has neglected and failed to pay the said costs within the prescribed period. It is on foregoing premises that we request immediate payment of the judgement debt.”
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DPP has been told to kindly arrange the payment of the K59.9 million in four days or risk serious action.
When contacted, Mhango said he has communicated the contents of the letter to his client DPP.
“I have provided that letter to my client and I’m waiting to hear from them. There is nothing I can say beyond that because it’s not about Charles Mhango. I’m just a lawyer so I have communicated to my client,” Mhango said.
