presidential immunity

Former President, Judge, both ordered to pay legal costs from their own pockets

In a further stunning reversal for Malawi’s former President, Peter Mutharika, he and a former high court judge, Lloyd Muhara, have been ordered personally to pay the legal costs of a case brought to reverse a major decision taken by them just before the elections at which Mutharika was voted out of office. By that decision they hoped to force the Chief Justice to go on leave, pending retirement, in retaliation for a judicial decision finding that the May 2019 elections were invalid.

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Malawi’s judiciary has done it again, handing down a landmark decision that underscores judicial independence and the separation of powers, as well as the heavy price to be paid for anyone who attempts to do so.

The story begins with Malawi’s former President, Peter Mutharika, who had some harsh and dubious things to say about the judiciary and its power relative to the legislature.

Tanzanian lawyers in uproar after judge suspends their immediate past president from practice  

When prominent Tanzanian legal counsel, Fatma Karume, argued a recent case in the high court of Tanzania, she could not have anticipated the full outcome. Sure, she lost the case, but this is something all lawyers must assume may happen at any time and in any case.

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Even before the sensational climax to the case that saw prominent advocate Fatma Karume suspended from practice for alleged professional misconduct, this was a highly charged legal matter.

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