By Burnett Munthali
Former aide to President Lazarus Chakwera, Pastor Martin Thom, has filed a defamation lawsuit against the president and the Ministry of Homeland Security following his arrest and subsequent dismissal in 2021 over allegations of smuggling a Bill into Parliament. The High Court of Malawi has scheduled the hearing for the defamation claim for December 10, 2024.
Court documents indicate that Thom is the claimant, while Chakwera and the Ministry of Homeland Security are named as defendants. The notice, dated September 18, 2024, states, “The claimant [Thom] shall parade one witness being the claimant himself while the defendant shall parade three witnesses, all of them to be named/or identified in the witness statements.” The document was jointly signed by Attorney General Thabo Chakaka Nyirenda and Thom’s lawyer, Sylvester Ayuba James.
This defamation claim follows a High Court ruling in favor of Thom concerning his unlawful arrest and unfair dismissal, for which he is seeking damages amounting to K1.6 billion. The allegations against Thom centered around his purported involvement in smuggling a Loan Authorisation Bill into the National Assembly, enabling the government to borrow 98 million euros from the Bank of Baroda for constructing housing for public security institutions.
Currently, Thom is awaiting the assessment of damages for his unlawful arrest and unfair dismissal after High Court Judge Simeon Mdeza granted a summary judgment in his favor in August. In an interview, High Court registrar Innocent Nebi confirmed the hearing date for the defamation claim, stating, “There is an agreed order by the parties for directions for trial on the claim of defamation to be heard on December 10, 2024.”
James noted that while the demand letter indicated K1.6 billion, this figure could be adjusted. “It can go upwards or downwards. We are yet to file our witness statements and submissions for assessment of damages, and the amount will be stated in those documents. What is important for now is that we won the case,” he explained.
The accusations against Thom, according to his lawyer, led to his arrest and wrongful termination. “The gist of the judgment is that the accusation against Pastor Thom leading to his arrest was unfounded, and he was unfairly dismissed from his employment at the Office of the President and Cabinet, losing several other opportunities as a result,” James added.
As of now, Attorney General Nyirenda has not responded to inquiries regarding why his office did not challenge Thom’s claims or whether it intends to appeal the High Court’s ruling.
Thom’s case follows that of Chris Chaima, another presidential adviser who was dismissed on fraud-related charges and is currently on trial for allegedly facilitating fuel import contracts at the National Oil Company of Malawi.
This legal battle highlights ongoing issues within the Malawi government regarding accountability and the treatment of officials accused of misconduct, as Thom seeks to restore his reputation and receive just compensation for his experiences.
