Widow to Buleya Lule, Charity has dragged Attorney General (AG) Kalekeni Kaphale to court following his failure to favourably respond to her demand for K250 million compensation.
In a letter served to his office on May 13 2019, Kaphale was given up to 90 days to act on the demand but, at the elapse of the said period yesterday, he had not responded to it.
The silence has forced Charity, through her lawyer George Kadzipatike, to commence legal proceedings against the AG.
“We gave the AG 90 days to settle the claim but, up to now, neither our client nor us have heard from him. We have prepared court papers to be served on the Attorney General. We are commencing legal proceedings against him at the High Court in Zomba on Wednesday [tomorrow],” Kadzipatike said.
He said his client wanted compensation for alleged unconstitutional elimination of her husband’s life by suspected police officers, thereby, depriving her of the right to dependency.
“The sanctity of human life has to be respected, and the husband to our client was a productive Malawian citizen who was supporting his family which is now suffering due to his demise; hence, our action which aims at forcing the government, through the office of the AG, to take responsibility,” Kadzipatike said.
Justice and Constitutional Affairs Ministry spokesperson, Pirirani Masanjala, asked for more time to consult on the matter.
“Let me ask around, I will come back to you,” he said.
At the time we went to bed, Masanjala had not come back to us.
Lule died while in police custody on February 20 2019, two days after police arrested him in connection with the abduction and missing of a boy with albinism, Goodson Makanjira from Mphanyama Village, Traditional Authority Chilikumwendo, in Dedza District.
A forensic autopsy report by Malawi’s top pathologist Charles Dzamalala, released on April 12 2019, showed that the primary cause of Lule’s death was electrocution.
Last week, Inspector General of Police Rodney Jose was tight lipped on the contents of the report they submitted to the office of the AG following investigations done as recommended by Malawi Human Rights Commission (MHRC).
MHRC indicated that Lule suffered torture and inhumane treatment at the hands of the police from the time he was taken from Lilongwe Magistrates’ Court through Lilongwe Police Station to Kamuzu Central Hospital where he was pronounced dead.
The commission recommended investigations on implicated police officers.