Cape Argus

Domestic wins human traffickin­g case in US

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A MALAWIAN woman trafficked to the US by a diplomat, confined to a house for three years and forced to work long hours for little pay has been awarded $1million in damages in a human traffickin­g lawsuit against her former employer.

Fainess Lipenga began working for Jane Kambalame as a housemaid in her Malawi home in 2002, according to the case memorandum. When Kambalame accepted a diplomatic position at the Malawian embassy in Washington in 2004, she asked Lipenga to move with her.

“I was so excited. She (Kambalame) told me that I could finish my education in the US and that she would help me find another job.”

She signed a contract written in English, which she did not fully understand, which stated Lipenga would be paid $980 per month for working 35 hours per week and would be paid overtime.

But the reality was quite different. For the first few months she received nothing, and after that was paid between $100 and $180 per month.

“She made me work from 5.30am till 11pm on most days, and I had to sleep on the basement floor. She said I could not sleep in a room upstairs like the family because I would make them sick.”

In 2006, Kambalame installed a lock on the door of the family home in Washington DC, confining her domestic servant to the house, Lipenga said.

According to the lawsuit, Kambalame subjected Lipenga to psychologi­cal abuse, such as by humiliatin­g herand threatenin­g to deport her.

“She told me: “I’m a diplomat, you’ll never get me in trouble’,” Lipenga said. “I just believed her.”

Lipenga managed to escape the Kambalame household in 2007. With the help of a pro bono human rights lawyer, she obtained a T visa, issued for victims of human traffickin­g, in 2009 and permanent US residency in 2011.

Lipenga filed a civil complaint against Kambalame in the state of Maryland in 2014, with claims ranging from false imprisonme­nt to intentiona­l infliction of emotional distress.

A district court handed down a default judgment against Kambalame, who failed to respond or participat­e in the case. Damages were set at $1 101 345. – Reuters

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