Defamation case: Nankhumwa, MBC want out-of-court settlement not Joyce Banda

Former President Joyce Banda has not opted for an “out-of-court settlement” in Civil Cause Number 194 of 2015 where she is suing Local Government Minister, Kondwani Nankhumwa and the Malawi Broadcasting Corporation (MBC) for defamation.

The Daily Times of Friday, September 18, 2015 erroneously reports that Banda, through her legal counsel, Lusungu Gondwe, made the proposal to discuss the matter out of court so that she “may avoid appearing in court to testify as earlier demanded by the defendants”.

On the contrary, lawyers for the defendants (Nankhumwa and MBC) had made the proposal to settle the matter out of court and that they will in “due course” forward to lawyers for the plaintiff (Banda) their proposals for settlement.

Lawyers for Banda had then applied for an Order of the Court directing Nankhumwa and MBC to produce a recording of the speech of Nankhumwa and the newspaper article from the defunct Eye Witness newspaper that are subject of the case.

Judge Maclean Kamwambe granted the order during his ruling on the matter on Thursday, September 17, 2015.

A legal expert in Blantyre said The Daily Times report that former President Banda is withdrawing the matter is not true.

“If that was the case, Banda’s lawyers would not have sought an Order for Nankhumwa and MBC to produce the recordings and the newspaper article to be used when the matter goes to full trial.

On May 9, 2015, at the memorial of late President Bingu wa Mutharika at Ndata Farm in Thyolo, Nankhumwa claimed he had evidence that former President Banda had killed President Bingu wa Mutharika and that she must therefore be taken to court.

Banda has described the claims “extremely serious” and that they expose her to “serious danger”.