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Government did not honour court ruling to pay Republican Party (RP) president Gwanda Chakuamba K56 million ($515,518) for snatching his house in Lilongwe for fear he would use the money for campaign, Chakuamba’s lawyer on the case said on Thursday.
Lawyer Edwin Banda said Chakuamba’s case was “very good and winnable” saying government’s decision to appeal against the High Court ruling made in June last year was a mere tactic meant to delay payment of the money.
Banda’s remarks come in the wake of reports that government will no longer pursue the appeal case but will pay Chakuamba following a post-election coalition deal between UDF and RP.
Chakuamba, who was contesting the May 20 presidential results which he contested on behalf of the seven party Mgwirizano Coalition, withdrew the case and joined government.
Solicitor General Steve Matenje said they are handling the case in a normal way.
“The officer who is handling this case is away but I can confirm to you that she is handling it like any other case. If it requires defending we will defend it,” said Matenje.
Chakuamba sued government to get back his house in Area 10 which he lost to government after his imprisonment in 1980 for treason where he was accused of trying to assassinate the former president the late Dr Kamuzu Banda.
Chakuamba was tried in the traditional court and was sentenced to 22 years imprisonment and served 13 years only before being released on the advent of multiparty system of government.
“It was a good case and Chakuamba could not have lost the case, in or outside government. Here is a situation where the title deeds are in his name and he is taken to prison, how do you defend such a case?” Wondered Banda.
If one was arrested and imprisoned during the MCP rule, a Forfeiture Act was applied to take one’s property.
He said the High Court ruled in June last year that Chakuamba be paid for the government's use of the house from 1980 today, saying the last assessment of the figures showed government was supposed to pay Chakuamba about K56 million in ‘mesne profits’ which is the value of the land including the house and the duration.
“I know that government put up the defence in the case just to dilly-dally the payment because he was then in opposition and government was afraid if they had paid him such a huge amount, he was going to use it in the campaign. This is a case government cannot win, no matter what,” said Banda.
Banda said he is no longer handling the case following differences which emerged between them when Chakuamba was clinging on to the MCP house in Blantyre.
“I am the deputy legal advisor for the MCP and I was the one who was going to him to tell him to vacate the house and because of that conflict of interest, I did not go further with the matter [on the house],” said Banda.
Banda said he left the matter after the High Court had already ordered that Chakuamba be paid his claim, adding he was not aware if another lawyer took over the case.
Chakuamba told our sister paper The Nation last week that he is optimistic government is going to compensate him.
Chakuamba who contested for the presidency twice and failed, ditched the seven party Mgwirizano Coalition he represented in the just-ended general elections and joined government.
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