APM, Muhara Judicial Independence Case Shifted to 5 October

Chief Justice Nyirenda was forced to go on leave prior to 23 June elections Chief Justice Nyirenda was forced to go on leave prior to 23 June elections file pictures

The High Court in Lilongwe has shifted to 5 October hearing of the judicial independence case in which applicants want former President Peter Mutharika and his then Chief Secretary to Government Lloyd Muhara to personally appear in court for the legal costs.

The court had initially set 28th September for hearing of the case.

One of the lawyers for the applicants, Association of Magistrates in Malawi, Khumbo Soko told us Sunday that this is because the judge, Charles Mkandawire, will not be around on the scheduled date.

In the case Malawi Law Society, the Association of Magistrates in Malawi and HRDC want the former president Peter Mutharika and former Chief Secretary to Government Lloyd Muhara to personally bear the legal costs after High Court Judge Charles Mkandawire found them wrong for interfering with the roles of the Judiciary.

Soko who is representing the Association of Magistrates in Malawi and HRDC in the case says is meanwhile scrutinizing the submissions by the defense counsel in which they are asking the court to allow the former president's immunity to apply even in this case.

Mutharika and Muharas lawyer Samuel Tembenu could not be reached for comment.

Prior to the June 23 elections, Mutharika and Muhara wrote the Chief Justice Andrew Nyirenda and Justice Edward Twea asking them to proceed on leave saying they had accumulated more leave days than the remainder of their office tenures.

 

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Last modified on Sunday, 27/09/2020

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