High Court Yet to Summon APM and Muhara Over Judicial Independence Case
The High Court in Lilongwe is yet to set a date for hearing of the judicial independence case where applicants want former president Peter Mutharika and the Chief Secretary to government during his tenure Lloyd Muhara to appear before the court over costs in the matter.
The matter was brought to the courts by the Malawi Law Society, Association of Magistrates in Malawi and Human Rights Defenders Coalition.
The applicants sought judicial review of Mutharika and Muhara’s decision as well as for the two to bear legal costs to avoid wasting tax payer’s money.
On 27 August 2020, High Court Judge Charles Mkandawire presiding over the judicial independence case found former President Peter Mutharika and his then Chief Secretary to government Lloyd Muhara wrong for interfering with the roles of the Judiciary on the premise that leave administration is an internal issue.
Mutharika and Muhara were expected to appear in court last week, as stated by the judge.
However, this has not happened and Zodiak finds that the two are yet to be served with the notices, according to our reliable sources.
Meanwhile, lawyer for Malawi Law Society Wesley Mwafulirwa says they maintain that the two should bear the legal costs as they are waiting for the court to set the date.
On his part lawyer for HRDC and Association of Magistrates in Malawi Khumbo Soko says are hopeful this will be done this week attributing the delay to COVID 19 working shifts.
Prior to 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.