Twenty one tobacco farmers from Mbawa and Vangarara extension planning areas in Mzimba are seeking compensation for financial losses incurred after using alleged hazardous fertiliser supplied by Smallholder Farmers Fertiliser Revolving Fund of Malawi (SFFRFM).
The fertiliser was procured from Blue Deebaj FZCO, a company based in the United Arab Emirates (UAE).
Lawyer for the farmers Christopher Kambalame of Jivason and Company could not give the actual figure being demanded, saying there is no specific amount at the moment.
“At one point the defence team was asking for the matter to be settled so we did an assessment. There are quite a number of farmers and each one is claiming different amounts. Some had four acres and others 10 acres destroyed,” he said.
adjournment. | Nation
Kambalame said if the farmers are successful in their bid, which goes back to 2023, the Mzuzu Principal Magistrate’s Court will have to assess after examining factors such as time lapse, inconveniences caused from crop damage and estimate of harvest.
He explained that the matter was expected to be heard last week before principal magistrate Clemence Chamwenda, but was adjourned as lawyer for the third party Blue Deebaj FZCO was not available on the set day.
On the other hand, he said they received communication that Chamwenda was not available last week, but would be available this week.
He said: “We initially sued SFFRFM. In their defence, they said much as they were selling the fertiliser, they were not the producers of the fertiliser. So, they made an application to add Blue Deebaj FZCO.
“Lawyers for the company, which is based in UAE, wrote to us, saying the attorney handling this matter would not be available on this particular day.”
But a letter we have seen dated March 10 2025 addressed to Chamwenda, lawyer for Blue Deebaj FZCO Tryness Chihana Zidana of Kita and Co asked the court to adjourn the case to April 2025.
“Counsel Nkhata and Chihana-Zidana who are handling this case will be unavailable on the scheduled date. In light of this, we respectfully ask for an adjournment and remain available for alternative dates in April,” reads in part the letter.
Chihana Zidana said in an interview that they asked for adjournment because they had other matters to attend to at the High Court Commercial Division in Lilongwe.
“We were the ones seeking adjournment because of the High Court matter on the very same day because High Court takes precedent to Magistrate Court matters.”
SFFRFM spokesperson Grace Thipa was yet to respond to our questionnaire by press time yesterday.
In an interview, lead complainant representing the affected farmers Thomas Msiska alleged that the fertiliser led to destruction of their 2020 tobacco crop, resulting in significant financial losses.
He said many of the affected farmers have reportedly lost their houses and other valuable properties, which were sold or confiscated to pay off debts.
“Some of the affected farmers have even been forced to withdraw their children from school. I am pleased that the matter will go back in court soon,” he said.
