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.

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51 replies on “Tayub of Transglobe seeks K30bn compensation from Malawi govt for lost business”

  1. 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

  2. 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 no proper research and calculation? Crooked people

  3. 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.

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

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

  6. 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!!!

  7. 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 Malawians who are suffering to ether raise this cash? God is watching you seriously and painfully

  8. 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.

  9. 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!!!!???

    1. 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.

  10. There’s no 30 birrion as an officer in court I have seen in fact myself those papers.These news are making stories this case no even started in court. Malawi media

  11. That’s the beauty of democracy and capitalism, if you carelessly try tarnishing somebody’s image you end up burnishing it.
    Never be moved by public impasse because the determinations of public opinion courts are not binding even if the jury is 17 million to 1.

  12. Amwenye tsopano mwajaira. Now I understand why Idi Amin treated you the way he did. This country will soon errupt.

    1. I agree with you we are being taken for fools. The sad thing is that fellow Malawians are helping these crooks do this and steal from poor villagers who have no access to clean water, schools or health facilities

  13. That’s the price we all pay for overzealous prosecution based on the court of public opinion . The court of law has different rules – proof beyond reasonable doubt . This cannot be based on public sentiment but facts of the matter and what you can prove . Believe you me , there will be more claims coming .

    For the country to succesfully prosecute such cases, we need mature people as Director of Public Prosecution and ACB not some sentimental, overzealous characters who think a case is won in the media and the court of public opinion

  14. This is the kind of impunity that DPP has created, where wrongdoers run amok and thrive off DPP support. The country is now becoming a Criminal State with non-indigenous Malawians running the country whilst looting. It is sad that the people of Malawi are unable to rise up and defend their country with all their heart. This is the only country we will ever have and we are letting criminals taking over. Its really a shame.

    1. And who are you to judge who is criminal and who is not from a news article? Koma you are a fool

  15. ACB, you see now the problem of twisting cases and concentrating on trivial issues. This was a straightforward case. This mwenje got 50% of an already signed ADMARC/ ZCF contract. How did he got this percentage, who authorized the split and what was the basis, who identified him. These are some of the issues you should have concentrated on. Mwamupatsa matamatu mwenjeyu. MK30 billion sipanotu. This money is enough to run some of the Ministries.

    1. Hahahaha. There was never any contract give to that ‘mwenje’. Read a baba read on the case. There was no contract between admarc-transgrobe

      1. The ADMARC/ ZCF Contract was split iwe. The final position will have been ZCF supplying 50,000Mt and Transgloble supplying the other 50,000Mt . This is a fact and don,t cheat people on this forum.

        1. No cheating. Check it even a Mlumbe wa Admarc even confirmed. No contract was ever given to Transglobe and they never even offered one. That is why transglobe is suing today. We as public have been duped by pac and media again

  16. It is the CSOs,The Malungas in Parliament who influenced ACB and president to act.Please CSOs and others who claim to be our torch bearers tread carefully with legal issues,you will destroy Malawi.Awa a Kajoloweka awa abetsa ndalama zankhaninkhani ku Malawi.

    1. Very true. They made noise. When the truth was eventually uncovered they sat quietly without taking responsibility

    2. @ Noxy
      Chicken brain Noxy there is nothing wrong with questioning decisions or acts that amount to crimes against Malawians . This country has suffered too much in the hands of criminals masquarding as our leaders. So chicken brain the fact that these people are claiming whatever they are claiming does not in anyway mean that Malawians should not question decisions or acts that are criminal in nature. Let the courts decide

  17. Should this come to pass, then we are in huge trouble. How many are languishing in poverty? This country is indeed on auto piloting. Neither Bingu nor Kamuzu Banda could have allowed this happen.

  18. Fellow Malawians enough is enough. I have been in India, Sangapore, Thailand, South Korea, Vietnam and China. What these Indians are doing here can not happen in these countries. Unfortunately some of our lawyers are entertaining them. Get this right fellow Malawians, WE HAVE TO FIGHT FOR OUR TAXES. It’s only Mob Justice that can school these Indians. WE WILL SHED BLOOD TO FREE OUR COUNTRY FROM THESE CROOKS. I am calling brothers and sisters from the North, Center, East and South to mobilize ourselves as we are waiting for the outcome of this case.

  19. The problem is the masses don’t follow these issues. The majority of voters are oblivious. Ignorance is bliss.

  20. Uku ndiye kutiyenjeza, kutionelera, kutijaira ndikutiyesa ife mazoba. TAYUB kuno ndikumalawi. Bwererani kwanu ku Pakistan tisayambanepo apa

  21. If the Judiciary awards our tax to this m’menye this country will erupt. Enough is enough. Amwenye mwazolowela too much.

  22. Are they trying to rob us? We shouldn’t allow this to continue. Lets be aggressive with our hard earned tax payers money. This is bad for our nation. Nonsense!

  23. If he is not happy in Malawi then why not leave and go back to his country. Chaponda and Mutharika should pay him out of their own pockets, they have stolen enough.

  24. I dont blame him, he’s just taking advantage of the corrupt and rudderless leadership that we have currently in Malawi. If the whole DPP Secretary General can claim MK70 billion, Mulli can claim MK10 billion, while the president just seats phwiii fiddling away at state house, why not Tayub?

    Cadets freely driving cars without registrations as long as they have dpp boma on the number plates, and the president and party leadership dont see anything wrong? The impunity in this country is unprecedented.

    Lets Vote this government out, anybody else will do.

    1. Govt yopusa ya dpp, always giving billion kwacha contracts to these amwenyes, yet ife amalawi we are crying for business and the other stupid thing is these amwenyes take our money and invest it in their country. amalawi for how long are we going to be fools in our own country???????????? may2019 lets decide

    1. I think there is that point in Life where People declare that enough is enough. Let the court award him and for the first time in the history of Malawi. we shall take the law in our hands!!!!!!!!!!

    1. Tiberedwenso basi. Beranitu apumbwa inu Chilima akubwera muzibweza musakufuna chaka chamawa chino.

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