High Court punishes DPP with K59m legal costs in illegal MEC Commissioners’ case

Unrepentant erstwhile governing Democratic Progressive Party (DPP) has been punished again for breaking the law on appointment of Malawi Electoral Commission (MEC) Commissioners.

In his desperate attempt to stay in power, former President Professor Arthur Peter Mutharika illegally appointed four Commissioners, who included Jean Mathanga, Arthur Nanthuru, Steve Duwa and Linda Kunje to manage the court-sanctioned Fresh Presidential Election.

But the Malawi Congress Party (MCP) Secretary General Eisenhower Mkaka sued Mutharika in 2021 and demanded that the four should be removed from their illegally acquired positions.

On June 2, 2021, High Court Judge Kenyatta Nyirenda quashed appointment of the four, citing impunity on the part of Mutharika, which prompted his party to file summons challenging the ruling leading to the matter being certified as a constitutional matter.

The unremorseful DPP sought court interpretation in a Constitutional Court and asked for the dismissal of the matter.

But the court sustained the objections and proceeded to dismiss the case with costs to be paid to the Attorney General (AG).

Hence, the Assistant Registrar Ibrahim Hussein ordered the party to pay K59 million to Attorney General as costs for suing in a constitutional court on the MEC Commissioners’ appointment.

Assistant Registrar Ibrahim Hussein, who made the judgement, ordered to pay K27, 925, 000 for court attendance, K4 million for court disbursement, among other payments.

The Assistant Registrar has, in total, ordered the former ruling party to part ways with K51, 472, 500.00 plus K8, 492, 962.50, which is equal to K59, 968, 462.50, ordered Hussein.

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