Chiumia hit hard in NRB case
The High Court in Mzuzu has slapped Minister of Civic Education, Culture and Community Development Grace Chiumia with a default judgement in a case in which 14 National Registration Bureau (NRB) workers sued her for ordering their arrest on September 17 2017.
It follows her failure to respond to the case in her personal capacity within 28 days from the day the case was filed on January 9 2018.
Following the default judgement, the case will now go into assessment to determine how much the minister will have to pay the 14 claimants.
However, the Attorney General (AG), who was also sued in the case, responded on January 30 2018, rebuffing demands for damages which had earlier been pegged at K140 million.
Ironically, in a sworn statement rebuffing the demands, signed by senior State advocate Aristotle Mahonga, the AG accepted that Chiumia can be sued in her personal capacity, besides being sued as a minister.
It is this that enabled lawyers for the 14 to apply for the default judgement which the High Court in Mzuzu duly granted on February 9 2018. It was signed by Assistant Registrar Brian Sambo.
Reads the judgement in part: “Neither response nor defence having been filed by the 1st defendant in this matter within the period prescribed by rules of procedure and practice;
“It is this day adjudged and directed that the 1st defendant pay the claimants: damages for false imprisonment, damages for defamation, damages for inconvenience, damages, transport expenses, cost of this action.”
In Civil Cause number 5 of 2018, filed at High Court, Mzuzu Registry on January 9 2018, the workers demand damages for false imprisonment, defamation, assault, inconvenience and transport expenses. They also want Chiumia to pay the costs.
The workers claim that they suffered defamation as Chiumia, the first defendant, wrongly accused them of being irresponsible, that they are individuals who can cause havoc and bring confusion.
However, in sworn statement signed by Mahonga, dated January 30 2018 before High Court Judge Thom Ligowe, the State argues that the arrests were made on reasonable and probable cause.
Chiumia, then minister of Home Affairs and Internal Security, ordered the police to arrest NRB officials on September 17 2017 while convening at Shoprite premises, discussing ‘work related issues’.
They never appeared before court and were released on police bail 28 hours later following pressure from fellow workers and the civil society. They were charged with unlawful assembly.
Following the arrest and their release, the 14, through their lawyers, Chram Associates, wrote Chiumia and the AG on September 19 2017 demanding K140 million as compensation for false arrest.
The AG responded on October 30 2017 through senior State advocate Neverson Chisiza that the matter was being taken seriously,.
However, three months elapsed without any action from Chiumia and the AG, forcing the 14 to take legal action. n
