Nyasa Times files to court to challenge Malawi President’s defamation lawsuit

The Nyasa Times media group has filed at the High Court an acknowledgement of service of writ of summons filed by President Peter Mutharika on defamation and the online publication is proceeding with the defence.

Makhwawa:  Lawyer defending Nyasa Times

Makhwawa: Lawyer defending Nyasa Times

Mutharika sued Nyasa Times alongside former presidential aide Allan Ntata over Ntata’s article which was posted on various media networks including social-media platform Facebook, and on Nyasa Times on June 22 this year, alleging the President is implicated in the K92 billion Cashgate.

Nyasa Times CEO Edgar Chibaka and Editorial Director Thom Chiumia have confirmed that the online publication has hired “ an army of lawyers in Malawi and here in the UK” working on the case.

Private practice lawyer John Gift Makhwawa, a former president of Malawi Law Society, is a lead attorney for Nyasa Times.

Makhwawa confirmed filing an acknowledgement at High Court to defend the matter.

In a lawsuit filed at the High Court in Blantyre, the President through his lawyer James Masumbu, wants a court order to restrain Ntata and Nyasa Times from further publishing the issue of K92 billion Cashgate linked to the Bingu administration.

Nyasa Times intends to mount “a vigorous defence” and believe the matter will help the battle to fight wrongful self-enrichment in Malawi.

The President, according to the court record, said Ntata wrote on his Facebook page that a Mrs Sadiq of HTD allegedly defrauded government close to K20 billion on bogus purchases of motor vehicles and that President Mutharika is closely linked to and associated with HTD and the bogus payments could be linked to him.

Ntata was legal adviser to the President’s elder brother, the late Bingu wa Mutharika, who ruled the country from 2004 until his death in April 2012. He has hired lawyer Gustav Kaliwo to defend him

Germany provided K9.76 billion for the audit exercise  into the K92 billion which was prompted by a 2011 interim investigative audit report of government’s payment system—the Integrated Financial Management and Information System (Ifmis)—which revealed that ministries and departments may have lost about K577 billion through abuse and irregularities between 2009 and 2012.

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55 thoughts on “Nyasa Times files to court to challenge Malawi President’s defamation lawsuit”

  1. Ntata and Nyasatime can not shoot their own foot these are the guys who have full information of cashgate wina ayaluka akapanda kuwasamala Ntata knows the truth time has come for the Malawian know the truth

  2. There mutharikas are hopeless.the late mutharika took section 65 matter to the court himself which later hanged him.today it is them again.

  3. ndale paMalawi says:

    I can see no Joice Banda name mentioned in the article and am wondering someone mentioned her in his comment…leave her alone nayeso ali ndizake zoti adzayankhe nthawiyo ikafika but for now lets concentrate on specific matters

  4. Kumbukani says:

    Very poor Malawians spend their little money on internet that is also taxed to defend their corrupt very rich leaders! They can see with their naked eyes a person exeggerating his assets declaration to Mk 150,000,000 but after 8 years of lavish spending, no known profitable business and etc etc, the person is wealthy over Mk 61,000,000,000.00 and some of the tax payers, most of whom are the core poor (akapuntha buye) defend such ruthless thieves. My heart bleeds severely

  5. food for thought says:

    This is a welcomed development if these guys at Nyasatimes along with Mr Ntata have the evidence to back up their claims. Otherwise they will have an uphill battle. Corruption in this country needs to be tackled, however going by a lot of the stories i read on Nyasa and the lack of concrete evidence within the stories, I fear that Nyasatimes and Mr Z. Allan Ntata might just be shooting themselves in the foot with this one. All the same good luck gents.

  6. Zoona zenizeni says:

    Expose him please.We want to know the truth how his minibus driver brother became an overnight billionaire in a poor country like Malawi together with him.Why did Pitala not become a billionaire in the US after labouring for many years?Akaluza all their properties should be confiscated as what is happening to other cashgaters.We want a clean Malawi so that everybody should benefit from the system.

  7. Jasitasi Chilungamo says:

    And when Mutharika loses the case,he should be shown an exit door to pave way for the further investigation.Why was he not rich in the diaspora after labouring all the years in some sleepy st Louis?He should be taken to task until he resign.His minibus driver brother became an overnight billionaire when he took the mantle from the six pounds thief Muluzi.Malawi is the worst country to live in the world full of arrogant thieving politicians.He forgot that he got that positions through crooked means aided by his crying friend Mbendera and airtel money friend Chilima.Pitala should stop being time waster in Malawi.He has messed Malawi big time by his incompetency.We have started losing patience with him now.The 92 billion stolen by him with his brother should be returned to Malawians.

  8. yes says:

    Please create an account for those willing to support this case financially where they can deposit the money. That is if you have financial problems. Im sure Malawians of goodwill will be willing to bankroll this case. We want facts and the truth to be known. No one should be spared. Malawi needs to move forward. Please have a strong legal team and do good investigation of the matter even with international and local banks. Engage FBI should there be need. The case will be good to APM too to clear himself and govern this country properly.

  9. Mashamase says:

    Ndalama zili ndi a DPP , apaneni & Joyce wabisala till 2020 mutachoka mboma inu mapwevupwevu

  10. True Malawian Citizen says:

    How manageable and sustainable is this case? How sure are we that justice will be real justice. Who will stop the president from judge shopping looking at the justice delivery system of Malawi? Think of establishing a UK -Malawi Cashgate Trust Fund to sustain the defense. We will all be happy to support that. Also fight for an Independent Court to help Malawi solve the corruption rot. Ntata, you are true Malawian who his country.

  11. Sinapondamtota Masiyafumbi says:

    Inde mbava imeneyi inaba amene mukutsutsa mulibe mzimu akanganya

  12. Njolinjo says:

    Wright German, you have an empty skull full of mucus. You better shut up and wipe your arse.

  13. Hangman Mtambo says:

    Mwakhwawa show Pitala your testacular strengths. Win that case so he can get ashamed. He is a foolish professor.

    The article was published every where why finger Nyasa only. Why did he not sue Facebook! Sindiye zomwe timanena za prejudice and vengeance zija zimenezi!?!

  14. Amalawi ndizitsiru kwambiri china chilichonse mwalowetsa bussines even politics, anthu ophunzira ngati inu nkumalimbana ndi munthu wabwinobwino why? Amakutumaniyo ndi chitsiru kwambiri coz amakupusisani. Let HIM rule this country without ur foolish noise in social medias. If u were closse to me ndikanakuonetsani zoti simunaonepo….. Who is joyce Banda akanakhala gangstar sakanabwera kumudzi kuno? Akuopelanji bwera? Kamutengeni kuli iyeko kape wanuyo.

  15. Chilungamo Chimawawa says:

    you and your late brother bingu, you stole about 92 billion. why are you denying the truth mr president??

  16. The country is at stake things are beyond our expectations, fertilizer at K21 000 23 21 04 +.groceries prices going up mainly basic things I say.

  17. austin says:

    Let the truth be known utsi sufuka pop and a moto

  18. Lovemaniac 91 says:

    None of above! # feels gud to be back in love!

  19. ubwerako says:

    Galu ameneyu eeeeeee amatha kuluma tamuonan kuchikamwa ngat wadya manyi kkkkkkk mauleeee woooyeeeee

  20. mwana mulopwana says:

    Let us analyze the issue based on facts, To say the truth , Both Ntata and Nyasatimes will lose the case, the issue being the first forensic audit did not implicate APM and the second audit regarding MK92 billion has not been finalized and it is not forenscic, Ntata and Nyasatimes have only hired high profile legal team but they have no legal backing proof to win the case,
    You will see that Malawian legal team do not tell the chances of winning the case, they will just accept because to them whether they will win or lose , they will receive their cash, you will see clearly that during the on going cash gate cases, the defense lawyers were advising their clients to change their plea after they knew that they were to loose and were opting for bargain, a good attorney was supposed to advise his client from the start to take the plea just like what Namathanga , he was given a lesser term and his lawyer told the client not to appeal because he knew that at the Supreme chances of getting an increase in the sentence is there, all the defence lawyers have lost cases even Kasambara, As far as I understand no legal team in UK can advise Nyasatimes to purse the case because they is no proof ,
    You need to understand that APM is an academician and has trained law students in the elite universities in USA, he is the president of Malawi and will be the lead attorney in the same case advising Masumbu what today, Game iyi simukwanisa kumaka let the game begin.

  21. MLOMWE says:

    zoona munthu wa mphongo kumangokhalila kumuopa mzimayi .kulimbana ndi jooyce banda zanu mukubisa kodi umamuopa chani joyce banda i think theremus be something extraodnally joyce banda has coz mkulu wako bingu amalimbana nayenso munthu wa nkazi ha h ahhahahahahahaa koma abale i think she is powerfull than we think pano zayamba kudziwika infact tikazindikila chooona malawi we are ready to put her back on postion .iwe ndiye phala lokhalokha

  22. Patrick msiska says:

    Let,s pray to God for the matter

  23. KWACHA DZUKNI says:

    Mtata samutha ndiye kuti chani, mukunena uyu ali manja mwangayi. tiyenawoni gamuyi muzingoisata ngati wina salira mkozo wa bulu. wakwata kwa mphezi saopa kung’anima

  24. chigumula says:

    Peter please make sure you have sued in your personal capacity as Pitala. Make sure you also attend all court proceedings as Pitala, not as president of Malawi kuti UZIWONONGANSO money for security ordeals at the court and all over town stopping traffic causing unnecessary traffic jams nkumatichedwetsa kunchito ndi zinthu zopusa.

    Please find a helicopter and fly over town. You are very selfish. You make us all suffer when you are passing-by. Your overzealous policemen stop us 2 hours before your convoy would pass-by. Is this fair?

    Mwankhwawa tiyi nayo amaneyu. Dont leave out your good friend Noel David Nyasulu in the just as you took to task the Univesity Council back at Chancol when they allowed some poly “weeddees” to be given spaces at Chancol… Remember the Elube Sagawa scandal?

  25. Chatty Man says:

    That’s a good move Nyasa will follow this case all the way and all the best.

  26. Achimidzimidzi says:

    Nyasatimes and Ntata will have to seek court order to have HTD audited or have an inside informant to succeed. Either options are not easy.

  27. Myao says:

    PETER SHOULD HIRE KASAMBARA BASI NKHANI IGONA APA, WAPATSINDWI NDI WAPADZALA AMAYENDARANA!

  28. Cocoon says:

    Well done Nyasa times and Ntata, Keep the fire burning!

  29. maine says:

    Mutharika becareful,you might be the first “big” fish or second to start answering cashgate cases,this is tricky,so what if the acused will be firm to their point that they have evidence that peter mutharika was invilved in that HTD cashgate,and that they are ready with provision of evidence,what are you going to do peter mutharika,? Resign and pave way for investigations and stand trial? I have never been ib a law classroom,but i feel luke its a mistake fir the president to take this issue to court,he will be called to testify one day,

  30. Lottie says:

    We need to know the truth here so that justice can be served. There are a number of questions that need to be explored: When were these suspicious transactions carried out? Where was the whistleblower at the time the transactions were being carried out? What did he do to stop the transactions? Why whistleblowing now? To what extent did APM benefit from those transactions? Where is the evidence? We need solid evidence here.

  31. msumbo rsa says:

    Petala ndimuthu wopandamzelu komanso anthu amene mukuyamikila zochitazake ndinu anyani 4five years 1.His leadershipstyle has no quality and his title of profesar must be removed imedietely we’ll burn that ndata cemetery so that they must go where they belongto 2.Dr Z .Allan Mtata ndi nyasatimes are there 4the pipo tuknow the truth Bigup nyasatime Bigup Dr Z mtata ilove u pipo love ur country

  32. victim Chamkhuni Lwazazi says:

    So what’s the outcome of the investigation into DPP’s (Bingu’s) $92billion that the Germany Government paid for to be investigated? Not done or the truth buried. Magnifying nkhani za ena, zathu kumazisiya. Pang’ono-pang’ono a Malawi akuziwa. Tisanamizire ena ngati Joice Banda ziko likamatibvuta kuyendesa.

  33. Zoonadi Ntata samutha . ziwani tikafika 2016 ndiye tikuyandikira zisankho kuzakhala bwa?

  34. Shokodido says:

    @ Number 1. Oooooo Mtata samutha? umfuse Kasambara.

  35. Chancy maulana says:

    Is he indeed inplicated in the scandle

  36. KUKHALA says:

    THIS IS A GOOD CASE TO FOLLOW .I AM FOR NYASA TIMES & CO. WE WANT TO FURTHER EXPOSE THE MUTHALIKA FAMILY OF THIEVES.

  37. Blantyre says:

    Should the president lose this case should be sent to jail .

  38. Chibanja tv says:

    Ndiye?

  39. drakes says:

    You will have to pay more fot the defence its not free. This if not carfully handled may force you to fold and there is no body whols an expert in Legal issues more especially if you dont have hard evidence but depending on grapevine

  40. Ndinunkha! says:

    Makanda awa! Professor Vs Law lnterns

  41. Professor Colbyn says:

    Muyalutseni Pitara yo. Akakhala oganiza atula pansi yekha udindo wo. Koma alas he is first class dunderhead

  42. YAYA says:

    Iwe chi Mathanyula you want Ntata to stop telling the truth? Peter you are thief and thats a fact!!! Your brother Ben Phiri Kahuna was also a thief. You will also die of cardiac arrest just like him, stupid fools. Use your own money for paying your bastard of a lawyer not taxpayers money. Chi dzino chimodzi mchikamwamo, idiot.

  43. Christian says:

    muzitipanga UPDATE eti?

  44. Bololo Wa Chitumbuka says:

    Eee Mukhaula a nyasa mumulipiratu ameneyu apitiliza kulemera musayese ngati Mlandu umeneyu mungawine mupereka kangachepe ndithu

  45. NH says:

    It is hard to find a leader in third world who is not annoyed by stories with criticism. And Malawi is no exception in this respect too. Healthy criticism should be considered good and welcomed and not countered in a show of power.

  46. John K Black says:

    The President should not waste time and money on issues like this. It is pure vanity. Fix the country and let the press do its work.

  47. Khuth'upa o'Machemba says:

    Does Ntata or NyasaTimes have money to burn, by lawyering up like this?
    This could be very expensive, and has the real potential of bankrupting you guys. You should have been less reckless in expressing your views, which were really based on speculation and rumor baasi (only). You chose to personalize the issues; now let the independent courts decide.

  48. Only Democrat Left says:

    Nyasatimes well done. This court case presents a unique opportunity to expose Mutharika and the bribes corruptly received by both the Mutharika brothers. May I suggest a Nyasatimes Defense Fund to which readers and contribute to cover the legal fees that Nyasatimes will incur in pursuing this matter in court. For you act for all,freedom and democracy loving Malawians who want to see corruption free Malawi. As I say this can be turned into a trail of Mutharika for corruption.

  49. waitha says:

    Apulezidenti anawa akuyalusani. Muyalusanso mtembo wa achimwene anu aja anachitika kadyakalista kaya amati cardiac arrest kaya, aja mutembo wawo unali referred to Sasafirika to confirm if he really died or not. Paja makhobidi amapezeka mmasaka ku Ndata. Makhobidi amene aja munanka nawo kwani? Foolish fools!

  50. njonjolinjo says:

    wina ayaluka nazo izi

  51. Truck says:

    NYASATIMES IS RIGHT WHERE IS THE MONEY WHICH BINGU LEFT YOU WOULD HAVE STOLEN SOME AND GIVE BACK THE REMAINDER TO GOVERNMENT NOT TAKING ALL IT DOESNT MAKE SENSE EH!

  52. truth be told says:

    There is no doubt that APM was involved in the K92billion case. If the truth and law is to be applied correctly, APM will be found to be at the engine of that cashgate with close big men in DPP in the name of chaponda, kalirani, mulli etc. I thing this will help the nation to know how APM was involved. Ntata know what he is doing because he was adviser to the president of that time, therefore, it is likely that he knows clearly who was involved.

  53. WaNakabaghe says:

    Tata yekhayo samutha amenewa

Comments are closed.