THE LAWYERS AND A LITANY OF DUBIOUS CLAIMS: INSIDE STORY OF HOW MALAWIAN LAWYERS EXPLOITED CONFORZI PLANTATIONS THROUGH FALSE INJURY CLAIMS

Major tea producer Conforzi was facing an alarmingly long list of lawsuits for injury claims. When it investigated the matter, two law firms, including one previously hired to defend the company, appeared behind all the claims, and some of the alleged employees had never even worked for the company. 

BY GREGORY GONDWE

In early 2024, the management of major tea producer Conforzi noticed an alarming rise in personal injury lawsuits. Filed under the Occupational Safety, Health, and Welfare Act, these lawsuits accused Conforzi of negligence in ensuring worker safety, allegedly resulting in severe injuries to employees.

Conforzi, one of the country's largest employers in the agricultural sector, was used to occasional lawsuits—agricultural labour can be physically demanding, and injuries are not uncommon. But by the first quarter of 2024, the number of lawsuits began to skyrocket.

Dozens of cases were filed within weeks, with claims following similar patterns. Plaintiffs alleged repetitive injuries from unsafe working conditions, all represented by a handful of law firms—KK Attorneys and CPK Attorneys at Law. The language in the claims was strikingly similar, raising initial red flags within Conforzi’s management.

At the heart of this scandal are accusations of fraudulent injury claims, conflicts of interest, and deliberate misrepresentation by lawyers, which undermine the legal system and ethical standards in the profession.

PIJ’s investigation, which examined court documents and interviewed insiders, exposed how lawyers exploited the legal system to defraud Conforzi through fabricated injury claims. The ramifications of this investigation go beyond one company’s financial losses; they strike at the core of justice in Malawi.

While the law firms have either refused to respond to PIJ questionnaires on the matter or denied the allegations, the Malawi Law Society (MLS) confirmed in response to the PIJ questionnaire that it received a formal complaint on the matter from Conforzi via a letter dated July 23, 2024.

“The Malawi Law Society takes these allegations very seriously. Once we receive a formal complaint, we begin a preliminary investigation by contacting the lawyers involved and requesting their responses within 14 days,” said MLS Honorary Secretary Gabriel Chembezi.

However, Chembezi admitted delays in sending inquiry letters to the accused law firms due to internal communication issues with both KK Attorneys and CPK Attorneys asked to respond to the allegations.

“It is essential that we follow due process and hear both sides of the story before taking further action,” Chembezi added.

Chembezi emphasized that the society’s Disciplinary Committee has the authority to impose a range of sanctions, depending on the findings of the investigation. These penalties could include fines, suspensions, or, in the most severe cases, striking the guilty lawyers off the Roll of Legal Practitioners.

“If KK Attorneys or CPK Attorneys are found guilty of violating professional ethics, the Disciplinary Committee can recommend criminal charges, especially in cases involving fraud,” Chembezi explained.

He also acknowledged the significance of the allegations, particularly given the role KK Attorneys played in representing both plaintiffs and defendants in the same cases, an action that may constitute criminal conduct.

The Legal Web: KK Attorneys and CPK Attorneys

PIJ’s investigation soon zeroed in on two key players in the alleged fraud—KK Attorneys, headed by Counsel Kondwani Kumitengo, and CPK Attorneys at Law, led by Counsel Charles P. Kusiwa. These two law firms had filed most of the injury claims against Conforzi, but there was something unusual about how they operated.

PIJ reviewed 54 lawsuits filed against Conforzi and discovered that 49 of these cases were purportedly filed by CPK Attorneys but bore the contact details and stylistic traits of KK Attorneys.

The Actual Summons Filed by CPK Attorneys Which has Different Letter Characters

Although This Seems to Have Been Purpotedly Filed by CPK Attorneys the Contact Numbers Below The Document Belong to KK Attorneys

Court documents showed that while the lawsuits were officially filed under CPK Attorneys, KK Attorneys had prepared nearly all the legal documentation, going by the contact numbers on the documents and the communication the CPK attorneys wrote Conforzi..

Investigators uncovered that KK Attorneys used a distinct Century Gothic font for their filings, whereas legitimate CPK Attorneys documents used Times New Roman. This seemingly minor detail became a smoking gun that exposed the deeper fraud.

More troubling, KK Attorneys had been retained by Conforzi as defence counsel for some of these cases. This created a glaring conflict of interest: the very firm defending Conforzi was also covertly filing lawsuits against it under another firm's name.

This manipulation allowed KK Attorneys to represent both sides of the legal battle, effectively ensuring a win regardless of the outcome. The dual representation gave them control over the litigation, allowing them to advise Conforzi to settle out of court, all while profiting from these settlements themselves.

A legal expert, who asked us not to name him argued that the actions described could lead to severe professional and legal consequences for KK Attorneys, and this is the reason the Malawi Law Society has instituted an immediate investigation.

“The most glaring issue is the conflict of interest, as KK Attorneys had been retained by Conforzi Plantations to defend them in certain cases, yet they were allegedly involved in filing lawsuits against the same client under the name of another firm CPK Attorneys, which apparently didn’t even know about what was happening. This constitutes a major breach of legal ethics. Lawyers are bound by fiduciary duties, which require them to act in their clients' best interests and avoid any actions that compromise their ability to provide loyal and competent representation,” explained the expert.

He also said there is a breach of confidentiality because if KK Attorneys had access to Conforzi's confidential information as defence counsel and then used this information in lawsuits against Conforzi under another firm’s name, this would be a grave breach of attorney-client privilege.

“The misuse of privileged information to harm a client is a severe ethical violation that could lead to disbarment or other disciplinary action,” he said.

The lawyer also told PIJ that the alleged practice of filing lawsuits under another firm's name raises concerns about potential fraud and misrepresentation.

“If KK Attorneys filed lawsuits under the guise of CPK Attorneys, this could involve fraudulent misrepresentation to the court and to the client, which is illegal and could result in criminal charges,” he said.

Then there are legal repercussions if proven that as Conforzi could sue the firm for breach of fiduciary duty, legal malpractice, and fraud.

Furthermore, if the Malawi Law Society proves wrong doing it could initiate disciplinary proceedings, which might result in sanctions, suspension, or disbarment of the lawyers involved.

The legal expert also said any cases filed under such circumstances could be dismissed or declared invalid due to procedural impropriety, especially if they were filed without the proper legal standing or authority.

“Courts take ethical violations seriously, and this could lead to significant setbacks for both the legal firm and its clients,”he said.

A Game of False Identities

As PIJ continued its investigation, another disturbing pattern emerged—many of the plaintiffs involved in the lawsuits did not exist or had misrepresented their identities. One of the most striking examples was the case of Wonderford Sulani vs. Conforzi Plantations Limited. 

According to court documents, Sulani, a guard at Conforzi, had suffered severe injuries while on duty. However, when PIJ investigated further, it discovered that Sulani was not a guard. Instead, he was a basket weaver employed by Conforzi, and the actual injured party was a man named Emmanuel Safuna. Safuna had used Sulani’s name in court, testifying about an injury that occurred while trying to apprehend a thief in a completely unrelated incident.

However, since the KK Attorneys picked the matter without establishing who was actually involved, according to the hospital and court documents they wrongly assigned designations of those involved.

In a separate communication, Conforzi Plantations Limited sought verification from Thyolo District Hospital regarding the authenticity of 43 medical reports. The hospital responded in a letter signed by Dr. Milliam Jere, Director of Health and Social Services, and dated 8 August 2024.

The hospital revealed that the stamp used on the majority of the reports was neither from the District Health Office nor the District Medical Officer of Thyolo. Additionally, the signatures on the documents did not belong to any current or former staff members. The hospital clarified that the individual who had signed most of the reports had never been employed at Thyolo District Hospital, raising serious concerns about forgery.

Specifically, the hospital pointed out discrepancies in the medical reports of Raphael James, Lyphosi Chimpeni, Grace Chinomba, and Agness Joseph, noting that the signatures and handwriting did not match official records. Out of the 43 medical reports reviewed, only 10 were confirmed to have been signed by legitimate hospital staff. However, these 10 reports were stamped with an outdated seal, though the signatures were verified as genuine.

The use of fake or swapped identities in lawsuits became a recurring theme. Other plaintiffs, such as Patrick Masina, Feston Wakaya, and Richard Somanje, could not be traced in Conforzi’s employment records. In some cases, names were simply fabricated to bolster fraudulent claims. 

PIJ’s investigation revealed that this identity swapping and plaintiff creation was not an oversight but a deliberate strategy by the law firms involved to fabricate lawsuits, often with the assistance of fake medical reports and doctored employment histories.

Double Filing for Double Payouts

The investigation also uncovered a particularly cynical tactic used by the law firms—double filing of claims. In several instances, the same plaintiff had their injury claims filed by more than one law firm without their knowledge. One notable case involved Beatrice Lion, a former Conforzi employee. Lion had filed a legitimate injury claim through Naphambo and Company, but during the investigation, PIJ discovered that an identical lawsuit had been filed on her behalf by CPK Attorneys, using the same medical records.

When PIJ reached out to Lion, she expressed confusion, explaining that she had only ever appointed Naphambo and Company to represent her. The second lawsuit, filed under CPK Attorneys' name, had been done without her consent or knowledge. This double filing allowed the lawyers involved to pursue multiple settlements for the same case, effectively doubling their potential payouts from Conforzi.

Intriguingly, CPK Attorneys distanced itself from several lawsuits that had been filed in its name, leaving KK Attorneys as the likely source behind many of the suspect filings.

“As you can see, CPK Attorneys have disassociated themselves from some of the files which have been instituted in their name.” The disassociation followed the revelation that most of the summonses ostensibly filed by CPK Attorneys were in fact traced back to KK Attorneys,” Jai Banda, Conforzi Plantations’ legal representative wrote to PIJ. 

Enter private investigators

Mbeya Private Investigators, a private firm that Conforzi was hired to examine the legitimacy of the injury claims. The firm’s report confirmed the fears that many of the plaintiffs in these lawsuits were fictitious or had no verifiable connection to Conforzi. 

Several injury claims, the private investigators concluded, were based on medical reports that appeared to be doctored, and in some cases, plaintiffs had provided false employment histories. 

Armed with the findings from the Mbeya report, Conforzi took decisive legal action. On July 22, 2024, the company lodged a formal complaint with the Malawi Law Society (MLS), calling for an investigation into the conduct of KK Attorneys and CPK Attorneys. In the complaint, Conforzi accused both law firms of serious breaches of professional ethics, including filing fraudulent summonses, manipulating the legal process, and fabricating evidence.

The complaint, signed by Conforzi’s Managing Director, Mahomed Suleman, said their investigators recommended that they give MLS all the facts and evaluate if there is any basis for the lawyers involved to face disciplinary proceedings.

“If your findings are in the affirmative we shall be pleased if you could do the needful that justice is realised in the matter,” Suleman wrote.

In addition to filing a formal complaint, Conforzi requested that all pending lawsuits involving KK Attorneys and CPK Attorneys be stayed until the Malawi Police Service’s Fiscal and Fraud Section could investigate further.

“We engaged private investigators to assist us in authenticating the numerous claims made against our company. The investigators came up with a detailed report which, in our view, has suspicious transactions,” further wrote Suleman in the letter.

Golden Mbeya, Director for Mbeya Private Investigators, declined to comment when contacted for an interview, citing confidentiality agreements with Conforzi.

Lawyer Charles Kusiwa of CPK Attorneys declined to comment on the matter, stating briefly, "I responded to the Malawi Law Society on these issues. These are deep professional matters, and I cannot respond to the media." However, in a letter addressed to Conforzi Plantations, Kusiwa clarified:

"We refer to your letters dated 23 July 2024 and 30 July 2024, requesting defences for 26 cases you claim are under CPK Attorneys. After thoroughly checking our records, we regret to inform you that none of the 26 cases are listed with us. We do not have these files, and if any documents related to these cases were served to our firm, they should be withdrawn immediately. Mr. Kusiwa, our Managing Partner, is not aware of any such matters, and we cannot provide defences without the files. Should you have any queries, please contact us directly."

A Legal Precedent in the Making?

Conforzi says the legal and financial ramifications of the fraudulent lawsuits have been significant. The company has suffered financially due to the settlements it was forced to pay, and its reputation has been affected by the volume of claims. With the involvement of the MLS and the potential for criminal investigations by the Fiscal and Fraud Section of the Malawi Police Service, Conforzi hopes that the law firms involved will be held accountable and that justice will be served.

A legal expert who opted for anonymity told PIJ that should the allegations be substantiated, the fallout could be unprecedented. Conforzi’s financial losses alone are staggering, with estimates suggesting that millions of Kwacha have already been paid out in fraudulent settlements.

“The potential legal and professional ramifications for the implicated lawyers are significant. Legal experts suggest that this case could set a new precedent for how legal malpractice is handled in Malawi. It might serve as a watershed moment for the country's legal profession, leading to tighter regulatory controls on law firms and stricter oversight of the litigation process,” the expert explained.

He also added that for the Malawi Law Society, the stakes are equally high.

“The society has faced criticism in the past for being slow to act on cases of legal misconduct. This high-profile case could provide an opportunity for the MLS to restore public confidence in the legal profession by demonstrating its commitment to accountability and ethical standards,” he said.

Another prominent lawyer privately expressed concern about the potential damage this case could do to the reputation of the country’s legal system. In a profession that prides itself on upholding justice and ethical behaviour, the depth of malpractice exposed in this case has shaken the confidence of many legal practitioners.

A senior lawyer, speaking on condition of anonymity, expressed dismay at the behaviour of the implicated law firms.

“If even half of what has been alleged is true, then we are dealing with a scandal that could erode the very foundations of trust that our legal system is built upon. Clients, whether individuals or corporations, must be able to trust that their legal representatives are acting in their best interest. This case represents a fundamental breach of that trust,” the lawyer said.

Beyond the damage to the reputation of the legal profession, there are concerns about the ripple effects this case could have on the broader business community in Malawi. Businesses depend on a functioning, transparent, and trustworthy legal system to settle disputes, enforce contracts, and protect their rights. If this trust is eroded, it could have chilling effects on investment and economic growth.

The Conforzi case has also reignited a long-running debate about the state of the legal profession in Malawi. Critics argue that the profession is under-regulated and that the oversight mechanisms in place are inadequate to prevent or punish unethical behaviour. The Malawi Law Society, while tasked with maintaining professional standards, has often been accused of being slow to act and ineffective in disciplining errant lawyers.

Legal expert, who has written extensively on governance and legal ethics in Malawi, believes that this case could be a turning point.

“What we are seeing with Conforzi is symptomatic of a larger problem in Malawi’s legal sector—a lack of accountability. We need reforms that not only tighten oversight but also ensure that lawyers who violate ethical standards are held to account swiftly and publicly. This case may be the catalyst for those reforms,” she said.

The Conforzi Plantations case represents one of the most significant legal scandals in Malawi’s recent history. It has exposed the vulnerabilities of the legal system to exploitation and highlighted the urgent need for reform. As the Malawi Law Society continues its investigation and the courts prepare to handle the civil and potentially criminal cases that will follow, the entire nation is watching.

For Conforzi, the battle for justice is just beginning. The company is not only seeking to recover its losses but also hopes to set a precedent that will deter future fraud. For Malawi’s legal community, the case is a stark reminder of the importance of maintaining ethical standards. The outcome of this case could set the tone for how legal malpractice is dealt with in the future and may lead to the reforms needed to restore faith in the legal system.

With the law firms involved facing potential disbarment and criminal prosecution, this case could mark a turning point in the fight for justice and accountability in Malawi.

This article was produced by the Platform for Investigative Journalism (PIJ), an independent centre for investigative journalism.