The Anti-Corruption Bureau (ACB) has successfully defended a case in which Minister of Mining Rashid Gaffar was claiming damages from the bureau for wrongful arrest, false imprisonment, malicious prosecution and defamation.
The claim for damages relates to a 2011 case where the graft-busting agency arrested him on charges of conspiracy to defraud.
The seasoned politician was arrested alongside fellow businessman and Malawi Congress Party (MCP) second deputy spokesperson Kondi Msungama and former principal resident magistrate Mzondi Mvula.
Gaffar and Msungama were arrested by ACB for allegedly facilitating a bribe to execute a warrant of arrest on another business person.
However, after the court acquitted him, Gaffar dragged the director of the ACB to court in 2017 for compensation.
But High Court Judge Mike Tembo found that contrary to Gaffar’s submissions, ACB director 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,” reads the ruling in part.
Judge Tembo has also awarded the bureau costs of the action.
