On 1st October, 2020, the High Court in Blantyre dismissed a case between Honourable
Rashid Gaffar and the Director of the Anti-Corruption Bureau (ACB). In the case, Hon.
Rashid Gaffar claimed damages for wrongful arrest and false imprisonment, malicious
prosecution and defamation. He also sought costs of the action.
The claim for damages relate to a 2011 case where the ACB arrested Hon. Rashid
Gaffar alongside Mr. Kondi Msungama and His Worship Mzondi Mvula, and charged
him with conspiracy to defraud. He was subsequently acquitted by the Court, and sued
the Director of the ACB in Civil Cause Number 6 of 2017.
However, the High Court has found that contrary to the submissions by Hon. Rashid
Gaffar, the Director of the ACB had a reasonable and probable cause for arresting and
prosecuting him. Consequently, the Director of the ACB cannot be held liable for taking
what was legally justifiable action in the circumstances of the present case.
The ACB has successfully defended the case and prevented loss of tax payers’ money.
The Court has also awarded the ACB costs of the action.
EGRITA M. NDALA
PRINCIPAL PUBLIC RELATIONS OFFICER
FOR: DIRECTOR GENERAL
