Former President Peter Mutharika is not personally liable to pay the K69 million legal bill over his reversed decision to send then Chief Justice Andrew Nyirenda on leave, a full Supreme Court ruled on Thursday.
High Court Judge Charles Mkandawire had ruled that Mutharika and his former Chief Secretary Justice Lloyd Muhara were ordered by the High Court to pay K69 after their decision to send Chief Justice Andrew Nyirenda and Justice of Appeal Edward Twea on leave pending retirement was faulted.
They were dragged to court by the Malawi Law Society, Human Rights Defenders Coalition and Association of Magistrates in Malawi who dragged them to court for interfering with the principle of separation of powers.
The Supreme Court of Appeal held the hearing for 35 minutes and upheld the appeal by Mutharika and Muhara lawyers Samuel Tembenu (former Justice Minister) and Charles Mhango (former Attorney General) that the former President could not be personally liable for acts done whilst in office.
“Basically the court is agreeing that the former President enjoys immunity from civil suits and those decisions cannot lead to personal liability. The court agreed that it was irregular to add Professor Mutharika in his personal capacity and that the High Court decision that he and Justice Muhara pay for the costs personally was wrong,” Mhango confirmed.
Mutharika and Muhara were at one point threatened with prison sentence if they did not pay up despite pending appeal and sources indicate they coughed up the amount which will be due for refund immediately.
