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

September 18, 2015 Nyasa Times Reporter 47 Comments

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.

Nankhumwa: Wants out of court settlement
Nankhumwa: Wants out of court settlement

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”.

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47 replies on “Defamation case: Nankhumwa, MBC want out-of-court settlement not Joyce Banda”

  2. Nankhumwa wakhuta ndalama zimene anaba Bingu eti!!!!! Tionetsana, unali ndani iwe mimba kuno ndi uko chifukwa cha ndalama anaba Bingu…..Tamufunsa Pitalayo(Peter) kuti kodi ndalama anaba Bingu who are now the beneficiaries? Tikudzifuna ife akuba inu mwatichotsera Upkeep Allowance. shame mtundu wa Alomwe onse.

  5. I will follow in the wise words of the clever people,that says! In absence of the best,we anyone to fill the gap left by the best. In this case,its what happened with Nankhumwa,we all know he don,t deserve to be a Min of Information. But he got it coz of the following reasons,one coz he is a Lhomwe so support home industry took precedence,and secondly,by the time of appointing Cabinet Mins,he was around and close. Such being the case,he got the job. Now he said those careless words to please his master Peter. Madam Banda! U must settle this in court,NOT out of Court.God bless Malawi!!!

  6. mumanena thinking kuti sabwera eti.
    See now akubweratu mwayamba be out- of- court-settlement.
    Ayinso be inside court-settlement.

  7. Anthu ambiri amene mumaika ma comment apa mukuwoneka kuti ndinu ana. Kapena I should blame myself for being in the company of ana. Nankhumwa amaziyamba dala nkhanizi chifukwa he doesn’t want to sue himself koma kuti okhudzidwayo akasume for defamation kenako akatulutse ma backup evidence pa court. ngati mumakhaladi pa Malawi pompano munditsimikiza kuti palibe move imene DPP inalepherako. Ngakhale ma CCTV footage aja alipodi koma akungodikira zomuwawayo akasume chifukwa mulandu otero siuvuta.

  9. Kungokamba zinkhani kuti asangalatse abwana awo. I just wonder if Kondwani has brains.

    Kufuna kuonetsa ngati President wathu ndi mchabwa. Msiyeni Mutharika naye mavuto ngosayamba.

  11. I have said it several times and I will say it again. Nankhumwa has big head yes but the head is empty and there is nothing good that can come out of that swelling like head.

  12. Kondwani phuma kwabasi, he was also involved in the midnight six saga, and now defamation case! He should learn to tame his toungue!

  13. Thus the problem of Choosing ministers on the basis of regionalism. This has revealed by this young minister nankhumwa. This man is not politically sophisticated. He never thinks what he speak and what shall be the predicaments. Choose able bodies who together can curb the economic ailments the country is undergoing.

  14. Irresponsible speech is costly, Mr. Nankhumwa, and you should have known this. We all know you said those things just to please your master, His Excellency. But now look where it has landed you. His Excellency is not involved in this case in any way. It’s you and you alone. Kodi anthu munakhala bwanji? What’s wrong with politics? Why do many intelligent people become stupid when they go into politics? Apatu a Nankhumwa mulomo wakutsatani. Mukakhala ochenjerako pang’ono musadzabwerezenso zinthu zoterezi, mwamva?

  17. The whole country saw him shower lies air both on tv and radio, no need for a transcript what for. Guilty as charged.

  18. mmmmm nankhumwa do you think tb Joshua is stupid, but you are good, the death of bingu doesn’t concern that, your stupid allegations, mmmm,you will be punished for accusing an innocent person, god must forgvi you

  20. This Nankhumwa is now picking issues with Mzuzu Mayor. Issue: why did the Mayour and some MZ councillors make a trip to China.

    Mayor Mkandawire, we your Mzuzu bwanas and donas are happy that you went to exchange notes with your chinese counterparts.

  21. Mukhululukireni Nankhumwa ndi wamatenda. Inu mukuyesa kuti kunenepa kumene kuja ndi kwa normal? Si chithovu chimene chija. Pajatu munthu wa chithovu amangoyankhulapo zilizonse.

  22. People like Nankhumwa should grow up,they should not Just say something without proper evidence. Amai osawasiya azolowera.

  23. MUKUKANGANA ZINTHU ZA ZII INSTEAD OF ARRESTING PEOPLE OF CASHGATE YOUR BUSY WITH BUBBLEGUM ARGUMENT IN LIFE PEOPLE CAN TALK ANYTHING BAD THING ABOUT YOU WITHOUT PROOF DONT TAKE IT SERIOUS THE SERIOUS ISSUES ARE CASHGATE PEOPLE MUST BE ARRESTED IMMEDIATLY AND THEIR PROPERTIES CONFISCATED

  25. Awa ndie a chitsilu,kukhala nduna chifukwa cha ulomwe ndi DPP basi osati kuti angabweletse cha nzelu chilichonse ai. Kunama kuli ndi Nankhumwa ngati satana amene.

  26. Dzulo ndinali wokwiya kwambiri pomva kuti amai mmafuna kuti nkhaniyi ikathere kunja kwa khoti .Nankhumwa, akalowe mu khoti basi kuti akaliuze khoti mmene JB anamuphera Bingu nesa iyeyo analiuza dziko kuti ali ndi umboni wonse wammene JB anamuphera malemu Bingu tsopano amalawi tili ndi chidwi kwambiri ndi nkhaniyi moreover this not the only nkhani this stupid minister called Nankhumwa has been castigating JB, remember nkhani ya CCTV. Na uyu amai musamusiye ayi.

  28. Why is President Peter Mutharika, keeping this guy in his cabinet?
    Nankhumwa’s rattling personifies the core values of the DPP led government; lacking discipline.

  29. Why you want to settle out of court when someone was brought to court to answer the case if defaming the head of state.

  31. If JB can attend defamation cases with the pea brained Nankumwas at the court,she can as well testify at the court for mphwiyo’s shooting.
    She is also needs to explain to us in how she connived with thieves like Lutepo in messing up with our taxes for their cashgate enrichment project.Malawians are very angry people with this issue of cashgate.JB shouldn’t underrate it.

  32. In all fairness Nankhumwa has to resign since he answering charges in court, again he lied to the nation on CCTV videos . where are they and more over by then was govt spokes person, but even president is just quiet on the issue, are these people serious?

  33. kunena kwa ndithendithe Nankhumwa anazitengera..JB usamusiye nankhumwayu akalongosole mu khoti how u killed Bingu..thereafter JB ulongosole bwinobwino mwini wake wa ma bus akuola ku area 30 police headquarters aja.iamalawi akufuna kumvakonso za momwe unabera chuma chathu ndi achina Lutepo

  36. Nankhumwa fu………k nyop. Wasting our tym. JB zoba f…. .K ur vul va. Nyopanu mbolllllllli zanu just f….k each other. Mbava zofunika kundende

  37. YES (SPEAKING FINISH, FINISH NANKHUMWA TOOK HIMSELF). ILI NDI DZIKO KUNALI BUNDAUNDA PHIRI, KAMTOGO MWALE, CHARLES KAMPHULUSA, VUWA, KUNJA KUNO …, KUMAPHUNZIRA.

  40. The Daily Times appears to be biased against Joyce Banda which may explain their headline story. JB may be no angel and could even be culpable but the attitude of the Daily Times will not help determine that. Recently one of their columnists published a highly charged column after some witnesses in the cashgate affair made allegations against JB. It appeared from the tone of that column that the writer believed the allegations hook float and sinker and had already found JB guilty. That was very unprofessional and proof that the Daily Times still harbors half baked and opinionated amateurs masquerading as journalists. The DT used to be great but I’d rather look to the more discerning journalism of the Nation.

  42. Every dog has his own day.A mouth that is always open and wide cannot avoid flies.Take that careless mouth to court.Nangu ni muzungu anikonde,iyai acimwene munacimwa.Out of court arrangement may down play the gravity of the matter before the court.We talking the issue where JB will be looked upon as a witch or a society venom.Uyo Nankhumwa knew what he was doing when he uttered those defaming words.When a monkey becomes sturbbon just squeeze his balls so that it learns the lesson.

  45. For the benefit of the nation the case should come in an open court. It would be interesting to see who, between our two public figures, is a lier. It would also be a very useful reference material in future..

  46. kunena kwa ndithendithe Nankhumwa anazitengera..JB tie naeni ameneyu alongosolole on how you killed Bingu.there after your cashgate case uyankheso…i want u to tell Malawians about the sole owner of those buses at area 30 police headquarters

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