Court dismisses Tayub, Transglobe compensation claim: Judge Madise orders claimants to pay costs

The High Court in Blantyre  has dismissed a K30 billion compensation claim which businessman Rashid Tayub and his agribusiness company Transglobe initiated against the government.

Judge Madise: The ACB had reasonable and probable cause to arrest and prosecute, the acquittal not withstanding

Tayub and Transglobe  Produce Export Limited dragged the Attorney General and the graft busting body, the Anti-Corruption Bureau (ACB) to court to demand compensation following the dismissal of the infamous maize-gate case by a magistrate’s court.

In a statement signed by ACB spokesperson Egritta Ndala it states that Tayub was seeking damages for false imprisonment and malicious prosecution, while Transglobe Produce Export Limited was seeking damages for loss of business and damage to reputation from the arrest in connection to a Zambian maize importation deal

ACB says High Court judge Dingiswayo Madise ruled that “contrary to the submissions by the claimants, the ACB had reasonable and probable cause to arrest and prosecute the claimant, the acquittal notwithstanding.

“Consequently, the defendants (Anti-Corruption Bureau and Attorney General) cannot be held liable for taking what was a legally justifiable action in the circumstances of the case,” says ACB.

The court has further ordered that the claimants pat the costs of the action.

Tayub was arrested in July 2017 and charged with persuading a public officer to perform his functions corruptly contrary to Section 25A (2) of the Corrupt Practices Act (CPA) after he was implicated in the maize import scandal where former minister of Agriculture, Irrigation and Water Development George Chaponda was suspected to have flouted procedures when the country wanted to buy 100 000 metric tonnes of maize from Zambia.

A magistrate court in Zomba acquitted both Tayub and Chaponda.

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Benjones87
Benjones87
8 months ago

Chaponda and tayub maize deal is true. It unfortunate that chaponda was managed to corrupt and come out clean. Chaponda and tayub should have been charged for hunger in Malawi.

Winnie
Winnie
8 months ago

A judge awa tikawacha a chief justice ku chancoll chifukwa chouma mutu..,kubwereza kangaroo amangokhslira kukadandaula ku khoti…

Jesus is Lord
Jesus is Lord
8 months ago
Reply to  Winnie

Someone is a celebrated judge winning Chatham house award and you call him ouma mutu, as wise as Madise is! I think you are the one with empty brain.

Chidyafodya
Chidyafodya
8 months ago
Reply to  Jesus is Lord

Shupiti saakunama! Anabwereza kawiri awa ku law school ku chancoll awa.What is Chatham house after all?A useless colonial mentality. Do you even know how corrupt this pig is? Ask us from Mzuzu.

ankhwinda
8 months ago
Reply to  Chidyafodya

Munthu wopita ku college nthawi yamakezana samakhala munthu wamba ndiyenso asakhidwe kupanga law sichithu chamasewelayi. A malawi chimativuta ndi nsanje pano nzanu zake zayera inu mukufuna kudetsa tinakhala bwani a malawi

Hamlet
Hamlet
8 months ago

This corrupt judge makes awkward pronouncements! ACB should only move to prosecute if they have reasonable belief that the case is watertight! Those arrests were suctioned by social media campaign. He has a reasonable argument to ask for compensstion.

katayeni chitutu
katayeni chitutu
8 months ago
Reply to  Hamlet

thieves

Pulo
Pulo
8 months ago

Koma guys who is okuba apa??? Maize issue was closed mulandu panalibe

Lego
8 months ago
Reply to  Hamlet

Go and become a judge.Who does not know the acquittal of Tayub and Chaponda were influenced by the corrupt regime of DPP?Unless if you were blind and deaf by then.

Police
Police
8 months ago
Reply to  Lego

They failed on appeal.You can’t bribe Dr.Kapindu.
Kungoganiza ngati bilimankwe

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