Abused women demand K336m
A group of women alleging to have been sexually abused by representatives of their employer Sable Farming Company Limited in Blantyre are demanding K336 million as compensation from the company.
In a civil cause number 127 of 2023 filed at the High Court in Blantyre, 76 women who were working as seasonal employees, have sued the company for sexual harassment, breach of employer’s statutory duty and aggravated and punitive damages for breach of employer’s statutory duty.
According to the amended statement of the case, on or around June 22 2023 during the course of their employment, two of the company’s employees, namely Patricia Yuba and Elizabeth Banda found blood stains on one of the women’s work suits left in the bathroom as it was customary that all employees bath before going to work in the factory.
The court documents say because of the blood stains, the two women were directed to summon all seasonal female workers, whom they forced to undress in the bathroom to find who were menstruating, and stained the work suits.
“The defendant’s employees [Yuba and Banda] told the claimants [women] to spread their legs and insisted on using dirty gloves to insert into the women’s private parts but the claimants objected to this because the gloves were dirty and unsanitary.
“The defendant’s employees then proceeded to check the women’s private parts and commanded the claimants to insert their fingers inside their private parts then show them with the aim of tracing who among the women were menstruating,” reads the statement of case.
Following the exercise, Yuba and Banda found that four seasonal workers were menstruating and they were ordered to go home and only resume work after their periods.
The women argue, through their lawyer Chancy Gondwe, that lack of their consent amounted to sexual harassment and as a result, they suffered injury, loss and damage.
“The claimants aver that this conduct resulted in the breach of the defendant’s statutory and common law obligation to maintain a safe work environment which is provided for under Section 13 of the Occupational Safety Health and Welfare Act.
“The claimants further aver what the defendant’s conduct resulted in the breach of the defendants’ statutory duty to develop and implement appropriate policy and procedures aimed at eliminating sexual harassment which is provided for under Section 7 of the Gender Equality Act,” reads the document.
Therefore, the women are claiming K336 million as damages for breach of employer’s duty under the Occupational Safety Health and Welfare Act, and the Gender Equality Act, aggravated and punitive damages for breach of employer’s duty under Occupational Safety Health and Welfare Act and damages for sexual harassment.
Out of the K336 million, K147 million is for damages for sexual harassment, K84 million for aggravated and punitive damages for breach of employer’s duty under Section 13 of the Occupational Safety Health and Welfare Act and Common Law while K42 million is for damages for breach of employer’s duty under Section 7 of the Gender Equality Act.
The final K63 million which the women are claiming is for breach of employer’s duty under Section 13 of the Occupational Safety Health and Welfare Act and Common Law.
Sable Farming Company Limited is a subsidiary company of Global Tea & Commodities that specialises in the production of macadamia nuts.
