The High Court has ordered the Democratic Progressive Party (DPP) to pay K59.9 million as costs in a case related to the appointment of Malawi Electoral Commission (MEC) commissioners.

The case was pursued by Malawi Congress Party (MCP) secretary general Eisenhower Mkaka who sued the country’s President in 2021, demanding the removal of four MEC commissioners sponsored by the former governing party.

Chakaka Nyirenda and Mhango talk
during one of their court appearances

The four are Jean Mathanga, Arthur Nanthuru, Steve Duwa and Linda Kunje

They were appointed by former president Peter Mutharika on June 7 2020 ahead of the June 23 2020 court-sanctioned fresh presidential election.

But on June 2 2021, High Court Judge Kenyatta Nyirenda quashed appointment of the four, citing impunity on the part of Mutharika which prompted his party DPP to file summons challenging the ruling leading to the matter being certified as a constitutional matter.

The DPP filed a number of objections before the Constitutional Court and asked for the dismissal of the matter.

But the court sustained the objections and proceeded to dismiss the case with costs to be paid to the Attorney General (AG).

On Friday, High Court assistant registrar Ibrahim Hussein made an order for the DPP to pay the AG K59 965 462.50 as costs incurred during the case.

The order shows that K27 925 000 is for preparation and court attendance, K19 547 500 is for care and conduct with an additional K4 million as disbursements with value added tax at K8 492 962.50.

Reads part of the order: “The principle upon which costs are assessed is that a successful party should be allowed to recoup costs reasonably incurred in prosecuting or defending an action.

“Ordinarily, party and party costs are awarded on indemnity basis. However, where an order of costs is made without indicating the basis on which the costs are to be taxed, costs are always taxed on standard basis.”

The order states that considering the context of the case, issues the party wanted to be determined by the court were already terminated; hence, it was waste of court’s time.

Apart from this, the order also states that there was no exception to warrant further pursuant matters be raised, as such, it was justified that the DPP bears costs in the matter.

DPP lead lawyer in the case Charles Mhango said the party is satisfied that they managed to defend an initial K230 million order on costs that the Attorney General presented.

Mhango said he is, however, yet to see the summary of the order as he was absent from court on Saturday due to a busy schedule.

AG Thabo Chakaka Nyirenda’s phone was not available.

Mutharika appointed the current cohort of MEC commissioners chaired by High Court Judge Chifundo Kachale ahead of the fresh presidential election following nullification of the May 21 2019 presidential election.

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