On September 17 2012, Zomba-based businessperson, Derek Chisale, left home for Cobbe Barracks full of hope that his children, who had been expelled from school for not paying fees, would return to the classroom after receiving payment from the barracks for food he had supplied.
Instead, Chisale claims he did not receive the payment in the form of cash, but a beating from soldiers who were allegedly ordered by their boss to shove him out of the office when he insisted on getting his dues.
Although Chisale had been struggling to get his payment for the supplies, dating back to 2009, on this particular day, he was sure that he had enough reasons to convince management at the barracks to release part of the K1.7 million (about $4 400) it owed him under Starline Investments.
Documents we have seen indicate that Starline Investments had been supplying vegetables, meat, rice and tea, among other food items, to the barracks and the arrears had accumulated to the said amount.
On this particular day, Chisale said he had planned to press hard for his payment to get his three children back in school.
“I told them that if they could not give me the full payment, at least they should consider giving me only K100 000 (about $256) so that my children could go back to school,” said Chisale in an interview on Thursday.
“This still did not make sense to them. I was told that after an audit, all the invoices were sent to the army headquarters in Lilongwe. At this point, I asked them to give me a letter so that I could follow up on my invoices in Lilongwe, a thing which I was also denied,” he said.
Chisale said it was after he insisted on the letter that the officer asked him to leave the office.
He said he told the Army officer that he could not leave without getting any assistance since he had pressing issues at home such as school fees for his children.
“Then the officer ordered some soldiers to throw me out of the office and they indeed came quickly and dragged me out. They beat me with sticks and smeared me with very foul mud,” he alleged.
He said after the ordeal, he reported the matter to Zomba Police Station where he was given a letter, which Nation on Sunday has seen, to present to the hospital for treatment as he was feeling bodily pains.
“The above bearer is complaining to have been assaulted on his left hand and head by Army officers. Therefore, we have sent him to you for medical examination and treatment and thereafter acknowledge us your findings for our records purposes,” reads the letter from the police station.
After medical examination at Zomba Central Hospital, the hospital recorded that Chisale had a swollen and painful left arm and left thigh.
He was also treated for headache.
Chisale said some senior officers at the barracks sympathised with him and facilitated the production of a letter which he was given to present to the Chief of Staff at Malawi Defence Force (MDF) headquarters in Lilongwe.
Reads the letter reference 1MRA125/2: “It is with great sadness that we write this letter against the order which was given to this Unit that no Bills up to June 2012 will be paid through the normal ORT [other recurrent transactions]. The subject has insisted that we give him a letter to meet authorities who gave this order; hence, our writing to your office.
“This Unit indeed owes Starline Investments the above sum of money [K1 721 640] for different commodities supplied to this Unit,” reads the letter, signed by commanding officer, Lieutenant colonel KG Kalino, which was accompanied by invoices.
Chisale said after making over 15 trips to MDF headquarters in Lilongwe from Zomba, he was given a part payment of K600 000 (about $1 538).
The businessperson said he is surprised that there has not been any movement on his assault case at Zomba Police Station.
He said he has been given various excuses, including that the officer who was handling the case was transferred.
MDF spokesperson Frank Kayanula-Banda on Thursday denied that Chisale was assaulted.
Kayanula-Banda said Chisale was asked out of the office of the commanding officer when he became violent.
“What I am aware of is that he reported the matter to Zomba Police Station where, after discussions, it was found out that he was in the wrong for being violent in the commanding officers’ office and the issue ended amicably with him being given a letter to follow his payment for services provided with responsible officers at the MDF Headquarters,” said Kayanula-Banda.
Zomba Police Station spokesperson Tommeck Nyaude said the case file was waiting for a medical report and findings of the MDF Military Police who were also asked to investigate the incident.
“[Chisale] reported to our office that he was assaulted by some officers at Cobbe Barracks and he also mentioned that he was smeared with mud. But bearing in mind that there is military police, we referred the matter to them to do further investigations,” said Nyaude.
