By Deogratias Mmana:
Department of Immigration and Citizenship Services officer Charles Chisi has dragged his boss, director general (DG) Charles Kalumo, and two others to court for alleged assault and battery.
He is also accusing them of false imprisonment and breach of privacy and has demanded K30 million.
According to court documents we have seen, the two others that have been dragged to court are Alexander Maseko, who is regional immigration officer, and Griffin Tembo, who serves as the head of investigations in the department Kalumo is the first defendant, Maseko the second and Tembo the third.
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Lawyer for Chisi, Precious Kalulu of Jivason and Company, confirmed that the court document is legit, adding that the summons has been filed at Mkukula Magistrate Court.
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He also said the three defendants have been served with the same.
According to the statement of claim, on November 16 2023, Maseko allegedly confiscated Chisi’s phone, opened and read the contents without the owner’s authorisation.
The statement of claim further indicates that, the following day, Maseko confiscated Chisi’s laptop and also allegedly accessed the contents without the consent of the owner.
The claim says after accessing Chisi’s laptop, Maseko allegedly grabbed the complainant by hand and dragged him into Kalumo’s office, where there were 10 people, further indicating that one of them was given the laptop and phone.
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It is further alleged that without Chisi’s consent, the person retrieved data and information that Chisi had deleted and presented it to Kalumo and Maseko.
The claim says after getting the retrieved data and information, Kalumo ordered that Chisi be handcuffed.
“The 1st defendant proceeded to then physically beat the plaintiff by slapping him and hitting him with fi[s]ts in the presence of all the other people,” the claim reads.
After the alleged beating, Chisi claims that he was taken to another office where he was instructed not to move anywhere and spent the whole day there.
“The conduct of the 1st, 2nd, and 3rd defendant in depriving the plaintiff of liberty without any lawful authority amounts to false imprisonment,” the statement of claim reads, adding that the conduct of Kalumo and Maseko of accessing contents of the laptop and phone without consent and lawful authorisation amounts to violation of the right to privacy.
The claim also says the slapping and kicking of Chisi amounts to assault and battery.
“Unless within eight days after the personal service of this summons on you, inclusive of the day of service, you return to the senior resident magistrate at Lilongwe the affidavit attached hereto, made and sworn by yourself or your legal practitioner, stating that you intend to defend this action and have a good defence thereto and either indicating clearly the grounds of your defence or stating that you intend to file a defence within seven day [the court may issue a default judgement],” the summons reads.
Department of Immigration national spokesperson Wellington Chiponde was not readily available to comment on the issue as we went to bed.
