ATTORNEY GENERAL AND ACB SUCCESSFULLY DEFEND COMPENSATION CLAIMS BY RASHID TAYUB AND TRANSGLOBE PRODUCE EXPORT LIMITED

On 23rd November, 2020, the High Court in Blantyre dismissed compensation claims in Civil
Cause Number 326 of 2018 between Rashid Tayub and Transglobe Produce Export Limited,
as 1st and 2nd Claimants, respectively, and the Attorney General and the Anti-Corruption
Bureau, as 1st and 2nd Defendants, respectively.

In the claim, Rashid 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. The two also claimed costs of the action from the
defendants.

The claims for compensation were in relation to a case where Rashid Tayub, Transglobe
Produce Export Limited and Dr. George Chaponda were implicated in the procurement of
maize from Zambia. The ACB arrested and prosecuted Rashid Tayub and Dr. George
Chaponda, but the two were acquitted by the Magistrate Court in Zomba.

However, the High Court (Justice Dingiswayo Madise) has found that “contrary to the
submissions by the Claimants, the ACB had reasonable and probable cause to arrest and
prosecute the 1st Claimant, the acquittal notwithstanding”. Consequently, the defendants
cannot be held liable for taking what was a legally justifiable action in the circumstances of
the case.

The Attorney General and the ACB have successfully, defended the case and prevented the
loss of tax payers’ money through the claims for compensation. The Court also ordered the
Claimants to pay costs of the action.


EGRITA M. NDALA
PRINCIPAL PUBLIC RELATIONS OFFICER
FOR: DIRECTOR GENERAL

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