Tayub of Transglobe seeks K30bn compensation from Malawi govt for lost business

Tax-payer will be squeezed again to fork out about K30 billion if  Transglobe Produce Export Limited succeeds in its compensation claim in court for loss of business and false imprisonment.

Tayub shares a lighter moment with lawyers Jai Banda (L) and  Lusungu Gondwe (R)  as he seeks compesation

Lawyer representing Transglobe, Mwayi Banda, confirmed the legal action, saying they have engaged Ritz Attorneys at Law to sue Attorney General and the Anti Corruption Bureau (ACB) following Zomba chief resident magistrate  Paul Chiotcha’s ruling in March this year that the company’s director Rashid Tayub had no case  on corruption allegations.

Tayub was answering to the charge of persuading a public officer to misuse his position together with former Minister of Agriculture, Irrigation and Water Development George Chaponda who was also acquitted on three charges which included giving false information to ACB, influencing a public officer to misuse his position and possession of foreign currency.

The corruption-related charges were regarding the 2017 maize procurement deal from Zambia which was christened in the media as Maizegate.

Tayub was arrested on July 19 2017 alongside Chaponda, and Grace Mijiga Mhango, a businesswoman and also chairperson of the Grain Traders and Processors Association of Malawi (GTPA).

Malawi President Peter Mutharika ordered an investigation into a $34.5 million government maize order, after a Zambian opposition leader said he had seen documents showing Malawi had been charged $345 per ton for 100 000 tonnes of Zambian white maize worth $215 a ton.

Meanwhile, Tayub through his lawyers, are accusing government of unlawfully and maliciously imprisoning him and depriving him of liberty.

In sword affidavit filed in court, Tayub claims that government acted with “malice” and lacked “reasonable causes” by arresting him after failing to make proper investigations, arresting without prior investigations to establish suspicion and prosecuting despite absence of any reasonable cause.

“By reason of the matter aforementioned, the first claimant (Tayub) has suffered loss and damage, including loss of liberty, injury to his reputation, inconvenience to his business and professional career and subjected to degrading  treatment while in custody,” reads the application in part.

Transglobe has filed a claim against the graft-busting body, accusing it 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.

But State Counsel Owen Chuma on Wednesday in the High Court filed an application that Attorney General should   be removed from the case on the basis that the office of the Director of Public Prosecution (DPP) was not part of the prosecution.

The lawyers for Tayub opposed the application.

High Court is set to rule of Attorney General’s application on October 1 2018.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From the World

  Subscribe  
newest oldest most voted
Notify of
Samuel
Guest
Samuel

Andale mukuononga Malawi. Nokha simungakhale apolisi omanga anthu, ACB nokha ofufuza, majaji nokha owelusa. konseko kufuna mavoti.. Simuaona mavoti. Mwanyanya kupupuluma. Misonkho yathu iyambe kupepesa anthu ndi ma 3o billion Malawi kwacha pano chifukwa chazisudzo zanuzo nanga mukalowa m’boma zidzatha bwa? Mwambi walero ndi omwe uja. NTCHENTCHE YOPUPULUUMA IDAFA NDI MTHIMBA. KKKKKKKKKKKKKKKKK

Bambo phiri
Guest
Bambo phiri

Transglobe had a case to answer even former chief justice advised that there is need for more investigation. Our lawyers connive with prosecutors to defeat justice. How did Transglobe started bringing maize in this country before the contract. They pre clear alot ot trucks in mchinji with an aim of reaching the minimum of 1000tons which was the requirement for PTA to release Letter of credit (LC). Its a chain. You see even mulli has changed his claim from 8 billion to 190million why ? How can u change like that big difference ? Do u go to court with… Read more »

Agenda Setting Theory
Guest
Agenda Setting Theory

If ACB did not see any merit in the case why did they proceed? Zogwilizana izi. Judge knew what he was doing and DPP will get part of this compensation.

Mapwiya
Guest
Mapwiya

Mtambo and Trapence should first contribute to this compensation mxiiii

ikipome
Guest
ikipome

It has nothing to do with Mtambo. But with Peter who is interfering in the operations of ACB.

KUCHITEKETE
Guest

cry my Mother Malawi….koma amwenye alipezelera dziko la Malawi…kudyera opusa kikikiki…..ife kumanosaukirasaukirabe. we are watching koma and lachi 40 lidzakukwanilani…………

Takwalakwa
Guest
Takwalakwa

Kodi Chidanti Malunga uli kuti? Unayambisa nkhani imeneyi ndiwe, lero dziko lipwetekeka chifukwa cha iwe kufuna kutchuka.

Chifundo
Guest
Chifundo

Well said

Chilungamo
Guest
Chilungamo

The problem of having MEDIOCRITY PARTISAN professionals in positions of authority. It’s an open secret that court verdict have consequences like setting precedents, lawsuits, etc. And when you have wrong people and all they think are their bellies and tribal PARTISAN AFFILIATIONS when conducting national duties these are the consequences.
Ndi multiparty takhalapo ndi ma Boma a corruption, okoba koma boma ili ladutsa muyeso. It’s all haywire and reckless as if nobody is in control. Wa Jefrey akufuna ma billions, Mulli akufuna ma billions, Tayub akufuna ma billions courtesy of FAKE PARTISAN COURT VERDICTS.
SHAME!!!

Dan
Guest
Dan

This is the biggest challenges we have in Malawi. This again will be from my tax without even me getting anything from my tax. As Malawian we need to raise up and question what makes this to be always the case. Each prosecution has never been successful and millions of kwachas would flow towards those who are said to be innocent. Certainly some day one will answer before the throne of grace as to why he/she chose to make Malawi as miserable as this Amen. I hear that another 8billion is required to go the same way where what about… Read more »

Hara boy, Chilumba, Karonga
Guest
Hara boy, Chilumba, Karonga

mmmmmmmmmmmm but this world aaaaaaaaaaaa after kutibera through maizegate pano akufuna kutibera poyerayera!!!! kkkkkkkkk gawanani basi ndalama zathuzo!!! A nyapapi nokhanokha. Muli nayo akufuna kutibera mu njira yomweyo.

My Name is Salim
Guest
My Name is Salim

It is a shame. Absolutely a shame and shameful to ask for that much compensation.

While Malawi is on its last knee we have compensation cases flying around left right and centre .

We know that Transglobe image has been dented from the “ChapondaGate” and no company wants to trade with Transglobe, banks don’t want to loan any money , but for once don’t you think MK30 Billion is taking the piss a bit!!!!???

Chifundo
Guest
Chifundo

Question those who created the false case and trumped up allegations. That is where the shame lies. Everyone is entitled to justice. If they are wronged and suffer damages let the court decide. If the claim is exaggerated let the court decide. We all know how the media twists the truth. If you have ever been in that position you would understand.

More From Nyasatimes