Ganizani Mtaika was awarded MK2,800,000 by the Zomba High Court as compensation for being wrongfully imprisoned and spending 14 days in jail in Malawi.
Mtaika’s fight for the compensation has not been simple, as he has sought justice for nearly 20 years after the tragedy.
In 2003, he worked as a security guard with Securicor Malawi, stationed at the Fargo headquarters in Limbe.
On the night of October 9, 2004, Mtaika arrived for work. He was later contacted by the main office and asked if there had been a robbery on the premises, to which he said no. He was asked the same question multiple times that night, and his response was the same. No robbery had occurred.
At around 9 p.m., police officials arrived to do an inspection. The search revealed that nothing was stolen from the location because everything was intact.
At 10 p.m., corporate executives changed the guards on duty and advised Mtaika and his colleagues to report to the police. At the police station, the firm representatives were informed that a search had taken place and that nothing had been stolen. A firm supervisor, however, requested that Mtaika and his staff be arrested because that is what the corporation had instructed.
On the fourth day of arrest, the firm handed Mtaika and the others suspension letters to sign, but they refused. The three guards were subsequently detained for 14 days at the Limbe police station.
They were brought to a Magistrate Court and accused with breaking into a building and theft. Bail was granted, and the case was tried over four months. After all, they were released because nothing was stolen and there was no break-in.
Mtaika did not believe it was appropriate or reasonable to be held in detention for two weeks for a crime he did not commit. He thus requested legal assistance, which was granted. At the time, he had registered his complaint with the Bureau’s Blantyre office. Given that he was a Zomba resident who found it difficult to commute frequently, he had his file transferred to the Zomba Legal Aid Bureau.
After several years of the file changing hands because the defendant was adamant about settling his claim, Chief Legal Aid Advocate Zaheed Ndeketa on behalf of the client assisted in reaching an agreement on a settlement of MK2.8 million, which Mtaika is satisfied with.
Speaking after receiving the money, Mtaika stated that, while the matter took longer than expected, he is relieved that he has received recompense.
“I am delighted that the matter has been resolved. I’ve been helped, and I can verify that the Legal Aid Bureau is quite helpful,” remarked Mtaika, smiling broadly.
