By Isaac Salima:
National Intelligence Service (NIS) former head Kenam Kalilani and State House former ICT chief Chance Chingwalungwalu say will proceed with legal action after the office of the Attorney General (AG) failed to respond to their notice to sue the government.
This follows the discharge of theft charges that the two were accused of.
A letter from the two, through their lawyer Madalitso Kausi, indicates that two years have elapsed without the office of the AG responding on how to proceed on the matter.
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“Now we are proceeding [with our plan of] suing the government for, among other things, unlawful arrest, malicious prosecution and false imprisonment,” Kausi said.
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The two were arrested in 2020 on suspicion that they had stolen intelligence systems and computers at NIS, which Kalilani was heading, but the State failed to prosecute the case or prove any wrongdoing by the accused two years after their arrest.
The case was, therefore, dismissed.
In 2022, the two wrote the office of the AG on their intention of a legal suit.
AG Thabo Chakaka Nyirenda was given 90 days to respond to the letter but Kausi claims that he never did.
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“Notice is, therefore, given to yourselves that unless the government admits liability and indicates how it intends to remedy our clients for the violations of their rights, we have strict instructions to commence legal proceedings without further recourse,” the letter reads.
NIS officials, who complained to the Malawi Police Service, failed to testify, leading to the dismissal of the case.
When contacted Tuesday, Chakaka Nyirenda said he did not see the letter.
