Former president Peter Mutharika and former top civil servant Lloyd Muhara will today present to the High Court of Malawi in Lilongwe their plea to put aside execution of K69.5 million legal costs.
The court is on April 26 also scheduled to hear another application from the duo to review the costs they were ordered to pay.
In an interview on Thursday. Mutharika’s lawyer Mwayi Banda said the court has set dates for both applications.
“The stay [of execution of the order] is crucial because if granted, the order for costs will not be enforced until review has been made. As it is now, the applicants can claim the money,” he said.
But while Mutharika and Muhara—who served as chief secretary to the Government, a title now reverted to Secretary to the President and Cabinet in the Mutharika administration—are fighting to have enforcement of the order put aside, lawyers for Malawi Law Society (MLS), Human Rights Defenders Coalition (HRDC) and Association of Magistrates in Malawi have already started the process to claim the money.
MLS president Patrick Mpaka, who represented the society in the case, said banks have been served with third party debt order.
He said: “We are just waiting for feedback from the banks. After being served with the order, they are supposed to respond. So, the banks are yet to respond.”
On why they are proceeding with the third party debt order against the background of an application for stay of execution, Mpaka said what is on the table is “just an application” and not an order stopping the execution.
He said they are still entitled to recover the money and what is remaining is for the banks to respond.
Lawyer representing HRDC and Association of Magistrates, Khumbo Soko, also confirmed that banks have been served with third party debt order.