Supreme Court gives Mutharika victory over Chakwera, overturns 2020 High Court ruling

Former President Peter Mutharika has secured a significant victory against the “Chakwera Administration” after Malawi’s Supreme Court of Appeal overturned a 2020 High Court ruling.

The initial ruling ordered Mutharika and Justice Lloyd Muhara to pay MK69 million in costs for a judicial review initiated by HRDC, Magistrates Association of Malawi, and the Malawi Law Society.

The Supreme Court’s reversal not only cleared Mutharika and Muhara of the costs but also ordered the plaintiffs to pay costs for both the High Court and the Supreme Court.

Charles Mhango, part of Mutharika’s legal team, confirmed this development in a Facebook post, highlighting the full bench of seven justices’ decision to reverse the High Court judgment made on November 20, 2020.

This judicial review stemmed from Mutharika and Muhara’s alleged involvement in forcing Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea to go on leave pending retirement.

The High Court initially found them guilty and ordered them to pay K69.5 million in legal fees to lawyers representing Malawi Law Society, Human Rights Defenders Coalition and Association of Magistrates in Malawi.

The Supreme Court’s decision underscores Mutharika’s commitment to justice and the rule of law.

His legal team, including Hon. Samuel Tembenu, SC and Mhango, played a crucial role in securing this victory.

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