It never rains but pours for two estates owned by UK-based conglomerates which previously compensated 36 female workers for sexual harassment.
We ekend Na t ion ha s established that the companies are facing fresh lawsuits by over 155 female employees and ex-workers over similar claims.
In 2022, Leigh Day, a UK-based law firm, dragged to court Camellia PLC and PGI Group Limited, which own Eastern Produce Malawi (EPM) Limited and Lujeri Tea Estates Limited. The court ordered them to pay the 36 female workers K2.3 billion as compensation for the sexual abuse they faced in the course of their duty.
During the settlement process, the two tea and macadamia nuts growing and producing companies said they had put sexual harassment prevention mechanisms in place to see to it that the vice is eradicated in the estates.
But court documents Weekend Nation has seen show that the estates are facing new suits for similar offences.
The Malawi Human Rights Commission (MHRC) in conjunction with Women Lawyers Association and Chidothe, Chidothe & Company, a private practice law firm, are separately representing at least 90 women over sexual harassment claims at the hands of their male managers and supervisors at the estates over the years.
One former worker claims in her sworn statement she was raped twice in 2017 and 2018 by her seniors. The first time was when she was alone working in the drying area of the Makwasa Tea Estate factory in Thyolo.
“After raping me, the manager warned me against revealing this to anyone. Since I desperately needed the job, I remained mute.
“The second time, I was raped by my supervisor in the toilet where he dragged me when he found me after relieving myself. I tried to shout but he said doing so would yield nothing since he was in charge of the department. Again he warned me against telling anyone about it. I was fed up and just quit the job.”
Another ex-worker narrated a similar story in her sworn statement about her supervisor who she said was fond of touching her breasts whenever they met. She also claimed he always asked her to have sex with him which she refused. She said she reported the matter to the manager who summoned both of them to his office. But contrary to what she expected to happen she was warned against reporting the matter to anyone and threatened that she would be fired if she did so.
Two ex-workers at Mini-Mini and Lauderdale Estates also claimed in their affidavits that they were forced to sleep with the managers at the two estates to secure employment after they had been unemployed for many years.
“We were told women don’t get employed before sleeping with the manager. I indeed immediately got employed after sleeping with him,” said one of them in the sworn statement.
“After sleeping with him several times I got pregnant and was later told to stop working to tend the pregnancy,” she said.
The other woman, who also secured a job after sleeping with the manager several times, said she was infected with HIV.
“I reported my medical condition to the manager, who instead of comforting me, started shouting at me and said his wife and other managers at the company should not know about that.
“In the same year, my health deteriorated and I was forced to be on life-prolonging drugs. In 2021, I reported the matter to another manager, to no avail. With my health condition and the nature of the job I was doing at the company, I decided to resign and go home to rest,” she narrates in her sworn statement.
Weekend Nation has established that private law firm, DNC Chambers, is representing EPM Ltd in the fresh lawsuits on sexual harassment.
But DNC partner Davis Njobvu said in an interview that he would neither confirm nor deny that his firm was representing EPM Ltd in the lawsuits.
On his part, Lujeri Tea Estate managing director Grant Bremsen, also denied that the company is facing fresh law suits on sexual harassment. But according to our sources, he attended a meeting MHRC officials had with managers of EPM LTD and Lujeri Tea Estates Limited and lawyers on the same issue at Nalipiri Resort Lodge in Mulanje in November, 2024.
Said Bremsen through email: “We are unaware of any lawsuit on sexual harassment. We have robust mechanisms in place and being used.”
A MHRC official, who did not want to be named, also said he could not divulge more information on the matter at this stage.
“Having discussed it internally, we are of the view that at the moment, we can’t comment on the matter,” said the official.
However, lawyer Victor Mandiwe of Chidothe, Chidothe & Company, the law firm representing 65 women who claim to have been sexually harassed in a case against EPM Limited admitted in an interview his firm had received instructions from the women to represent them.
“Yes, I can confirm that we received instructions to represent 65 women who are suing EPM Ltd, one of the biggest tea and macadamia nuts producing companies in the country for appalling, atrocious and horrendous sexual harassment.
“The matter will go for full trial soon as we are waiting for the court to assign a new judge and hearing dates to the matter. The matters are very sensitive and involve vulnerable women. Our task now is to respect the privacy and dignity of our clients and see to it that justice is served. “
Added Mandiwe: “We also have some female workers from Lujeri Tea Estates Limited who have instructed us to represent them in a sexual harassment case against the company. We will initiate a case against Lujeri Tea Estates Limited by filing legal documents with the court soon.’’
