High Court throws out Transglobe claim for K30bn compensation

The High Court in Blantyre has thrown out a K30 billion compensation claim by Tayub Rashid  and Transglobe  Produce Export Limited for loss of business and false imprisonment in the infamous maizegate scandal on technical grounds.

Tayub shares a lighter moment with lawyers 

Tayub and Transglobe had applied to the court to force the government pay them in excess of K30 billion t for loss of business and arbitrary arrest in connection with a maize importation from Zambia deal gone sour which saw former minister of Agriculture George Chaponda lose his cabinet portfolio.

Judge Mark Tembo said Tayub and his Transglobe did not follow the right procedures because they did not give the government a threemonth notice before commencement of the case.

“The three-month notice is a matter of public policy. This gives government to prepare,” said Tembo.

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 on corruption over the maize deal, a ruling which was severely criticized by a cross section of the society, saying it smacked of corruption but Chaponda’s political career remains knocked down after the acquittal.

Chaponda was seen as heir to President Peter Mutharika in the ruling Democratic Progressive Party (DPP).

Tayub accused government of unlawfully and maliciously imprisoning him and depriving him of liberty.

In the affidavits, Tayub also claims that government acted with malice and lacked reasonable causes by arresting Tayub after failing to make proper investigations, arresting without prior investigations to establish suspicion and prosecuting despite absence of any reasonable cause.

Transglobe, on the other hand, also filed a claim against the ACB, accusing the graft-busting body of mounting false and malicious investigations in the absence of reasonable suspicion, failure to prosecute for any offence even after humiliating investigations; that the company was not involved in any criminal conduct; and that the ACB insisted on prosecuting Tayub despite knowing that Transglobe was suffering huge losses and damages as a result of the investigations.

In the application, Transglobe  listed the loss of business as unprecedented, including sudden revenue downturn, being blacklisted in business by government agencies and non-governmental organisations and the recalling of banking and loan facilities the company had with Nedbank (Malawi) Limited, National Bank of Malawi plc and FDH Bank Limited who demanded immediate repayment of the loans.

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#DzukaniAmalawi
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#DzukaniAmalawi

Tabu should have instead been locked up. The mere fact that he got away with murderer, though not proven, had given Tayub wings to the extend that he sued govt for MK30b compensation. Just yesterday it was Mulli and now its Tayub. Watch the space, someone is about to sue for MK5b compensation and your guess is as good as mine.

Make Malawi Great
Guest
Make Malawi Great

Chaponda is smart he knows he narrowly escaped thanks to Goodall when Dausi ditched him so he wont be coming out anytime soon as long as he got his forex back! Waits till the durst settles…

Chilungamo
Guest
Chilungamo

Isn’t this Mwenye the same “stealer” who was involved in the MaizeGate scandal? So stacks of money he gave (DONATED) to his friend the”stealer” former minister, found in the bedroom has now finished?
With their INSATIABLE APPETITE his stealer colleagues have sent him again kuti akapakulenso? Now to fund their campaign. Koma ka dziko aka???
While South Africa, Africa genuine largest economy, where economic migrants from the poverty stricken Malawi flock to; is chasing fraudsters Indians, the Guptas; our stealer politicians are busy conniving with Mwenyes defrauding the very same (POOR) government they claim they are serving. Ironical.

Keen Observer
Guest
Keen Observer

Amwenye atitola kwambiri ma billion achani & time ma lawyer tachita Malawi malinga ndI umphawi akuthandizira.

Kalulu Wadwala
Guest
Kalulu Wadwala

THE ONLY GOOD INDIAN IS A DEAD ONE.

Kawawa
Guest
Kawawa

The Chaponda/Transglobe case will be reopened come 2019 when a new govt is in place. Mark my words.

POOR MAN FEEL IT
Guest

ZACHIYANINSO NDALAZO KODI UKUIMILANIWO TSADZIAWA KUTI PAMATITA 3 MONTH KKKKKKKKKKKKKKKK KOMA MA LAWYER ANTHU AKU MALAWI KKKKKKKKKK ZATHA BASI PALIBENSO ZOPATSANA NDALAMA APA

Kholowa
Guest
Kholowa

Anyway we are coming back 2019 worry and no question to that as we are eyes wide open seeing it all

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