High Court of Malawi Judge Kenyatta Nyirenda has revised downwards legal costs for Women Lawyers Association (WLA) from K255.6 million to K70.8 million in the Msundwe sexual harassment case.

The K255.6 million legal fees awarded to WLA caused public uproar, with the Malawi Law Society in August last year describing it as “unusual and unjustified” and said they shared the public outcry.

In an appeal judgement dated December 20 2022, Nyirenda faulted both parties in the case as well as the taxing master, the Assistant Registrar of the High Court, for not paying due attention to the principles for assessing costs as set out in Order 31 of the Civil Procedure Rules (CPR).

He said it was important that all concerned parties should ensure that taxation of costs does not boil down to an exercise of mastery of guesses, that is, “my guess is better than yours”.

Soko: We are happy with the outcome

Nyirenda said: “Each item being claimed must be backed by evidence. A claim that is not supported by evidence must not be allowed. The answer does not lie in simply reducing amounts in respect of an item that has not been proved. Reduction of amounts is only appropriate where an item has been proved but there are questions regarding the amount.

“All in all, the assessed costs by the taxing master in the sum of K255 684 112 were unreasonable and, following the review of costs herein, will be replaced by the sum of K70 895 618.21. It is so ordered.”

The judge said considering all the circumstances of the case, including the fact that the award of compensation to the applicants was K121.5 million, he holds that the total taxed costs in the sum of K70 895 618.21 was proportionate.

Reacting to the judgement, Attorney General Thabo Chakaka-Nyirenda said he was satisfied with the outcome of the case.

“I am satisfied with the ruling because tax-payers’ money has been saved. This is what I wanted to achieve in this case,” he said.

One of the lawyers, Hilda Soko, said they were happy with the ruling.

She said: “We are actually happy with the outcome of the court judgement. It has vindicated the fact that WLA, as a non-governmental organisation, is still entitled to costs.

“Also that when you work on pro-bono, you are still awarded costs. As to how much the court has awarded, it is neither here nor there.”

In July 2021, the High Court in Lilongwe paid the 18 victims K121.5 million as compensation. The court granted different sums to the victims based on determinations made.

The highest paid victim, a 17-year-old girl, was awarded K10 million while the lowest received K4.5 million.

The violence at Msundwe, Mpingu and Mbwatalika trading centres in Lilongwe followed protests that ensued after the May 21 2019 Presidential Election.

Police officers are accused of sexually harassing women from the three areas on the outskirts of Lilongwe City along the Lilongwe-Mchinji Road.

Based on its judgement dated August 13 2020, the High Court awarded costs to WLA, which then filed a bill of costs in May 2021, proposing K215 628 102 as costs.

On August 6 2021, the Assistant Registrar delivered a ruling which assessed the costs payable to be K255 684 112 and being dissatisfied with the assessment order, the respondents, led by the Attorney General, on August 29 2022 filed an application to have the costs reviewed. n

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