Supreme Court of Appeal has ordered Executive Director of Youth and Society (YAS) Charles Kajoloweka to pay K21 Million as costs for a case in which he sued President Peter Mutharika to fire his then minister George Chaponda who was involved in Maizegate saga in 2017.
Following the Malawi Supreme Court of Appeal’s judgment that there was no judicial provision giving the Judiciary the mandate to interfere in decisions of the presidency regarding appointment and removal of Cabinet members and the subsequent order that Kajoloweka should bear the costs of the proceedings, the Attorney General demanded K15 000 000 as party and party costs of the proceedings.
But Mzuzu-based Kajoloweka through his lawyers said he could only pay K500 000 since his organization is non-profit making non-governmental organization.
However, in its determination the Supreme Court of Appeal sitting in Lilongwe, through Chief Justice Andrew Nyirenda ordered Kajoloweka to pay K21 million and that he personally bear all costs incurred during the case
Kajoloweka said it was unfortunate that the court has put the burden of costs to an individual who was only fighting for a lot of people.
The civil appeal case number five of 2017 was between George Chaponda (first appellant) and the President (second appellant) versus Kajoloweka (first respondent), YAS (second respondent), CCAP Livingstonia Synod (third respondent) and Centre for the Development of People.