By Burnett Munthali
In a significant legal development, Malawi’s Supreme Court of Appeal has overturned a previous High Court ruling that required former President Peter Mutharika and former chief secretary Lloyd Muhara to personally cover a K69 million legal-costs bill. This judgment reverses the November 2020 decision, which ordered them to pay the costs incurred by claimants in a high-profile case involving judicial independence.
The case originated when the Human Rights Defenders Coalition (HRDC), the Magistrates Association of Malawi, and the Malawi Law Society took Mutharika and Muhara to court over their decision to send then-Chief Justice Andrew Nyirenda into early retirement. The move was widely seen as an attempt to interfere with the judiciary, and the High Court ruled against Mutharika and Muhara, imposing costs against them.
Mutharika’s legal team contested this decision, asserting that as president, Mutharika enjoyed certain legal protections and privileges. His legal counsel, Samuel Tembenu, emphasized this in their appeal, arguing that holding a sitting president personally liable was unprecedented and contrary to the legal immunities afforded to the head of state.
Speaking to Capital FM, Tembenu stated that the Supreme Court’s ruling means that the claimants must now refund the K69 million that Mutharika had paid under the initial High Court order. This reversal underscores the complexities surrounding presidential immunity and the judiciary’s role in balancing accountability and constitutional privileges.
The judgment marks the end of a protracted legal battle and raises important questions about the limits of presidential authority, particularly regarding actions that affect the independence of Malawi’s judicial institutions.
