High court in Blantyre dismisses Gaffar’s claim for damages over arrest

The High Court in Blantyre on Thursday dismissed a case in which Mining Minister sued the Director of the Anti-Corruption Bureau (ACB) for arresting him.

In the case, Rashidi 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 Gaffar alongside Mr. Kondi Msungama and His Worship Mzondi Mvula, and charged him with conspiracy to defraud.

Gaffar was subsequently acquitted by the Court, and he 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  Gaffar, the Director of the ACB had a reasonable and probable cause for arresting and prosecuting him.

The  court added that Director of the ACB cannot be held liable for taking what was legally justifiable action in the circumstances of the present case.

ACB spokesperson Egrita Ndala said the ACB has prevented loss of tax payers’ money as the Court has also awarded the ACB costs of the action.