Ex-Malawi leader JB wins defamation case against MBC, Nankhumwa: Court orders she receive damages

Former Malawi president Joyce Banda (JB) has won the defamation case against State funded Malawi Broadcasting Corporation  and Local Government and Rural Development MinisterKondwani Nankhumwa.

Joyce Banda sued Nankhumwa, MBC for defamation and court has found merit in her case

Banda sued Nankhumwa and MBC over an article published by defunct Eye Witness in October 2011 that former President Bingu wa Mutharika’s death was masterminded by JB under a special tag ‘The J.B Project’.

In the article, Nankhumwa said one of the conspirators was someone who wanted to take over leadership from late Mutharika.

A similar story was also broadcast live on MBC TV and later rebroadcasted.

On May 9th 2015, Nankhumwa again repeated his claims of Banda being responsible for the death of late Mutharika at a memorial of the lateat Ndata in Thyolo.

Mutharika died after succumbing to a Cardiac Arrest at Kamuzu Palacein Lilongwe in April 2012.

Both Nankhumwa and MBC conceded the publication and remarks but maintained that the message conveyed was not referring to Banda and argued there was no proof of damaging the ex-leaders reputation.

MBC and Nankhumwa later opted the for an Out-Of-Court settlement a move that was denied by J.B through her lawyer.

Banda who desribed the programme broadcast on MBC and Nankhumwa’s remarks at a memorial of late Mutharika as ‘extremely serious’ and could have brough ‘serious dangers’ to her life.

A judgement delivered by High Court Judge Michael Tembo on Thursday 26th October 2017 was ruled in favour of Banda.

Tembo therefore ordered MBC and  Nankhumwa to pay damages toBanda.

“In the forseen circumstances, this court finds that the Plaintiff has proved that the defendant are liable for defamation. The Plaintiff sought aggravated or exemplary damages. Exemary damages will be awarded for arbitrary, oppressive or unconstitutional conduct by servant of the government” reads part of the judgement quoted by Sunday Times.

The amages awarded will be assesed by the registrar at a date to be fixed.

The Ex-leader was represented by Bright Theu while MBC and Nankhumwa were represented by lawyer  Chancy Gondwe in a case number 194 of 2015.

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Kkkkkk
Guest

Very sad indeed to the family of DPP again after a heavy blow of bruises in a five one game which the ruling lost to nyakula party. It a wake up call to those with grinning stupidity thinking who fond of saying rubbish to tarnish other peoples image just to keep their bread alive from their masters. It’s a pay back time ! JB will be swimming in a pool of moneys that will help her for the 2019 battle with her step brother bushir. Bravo jb …….

angoni apaphata
Guest

Zofuna. Adzilipira from their pockets zinthu ngati izi anyani amenewa

NGWAZI
Guest

Za Ziiiiiiiiiii

Sibweni
Guest

Government loosing money again because of something which could have been avoided.

REX MSISKA
Guest
Sibweni. Actually it is not government which is losing money, its tax payers losing money. This is when citizens do not understand their democratic rights. Citizens democratic rights is not ‘kutukwana’ leadership, but to hold them accountable, hold them vigorously. Spend your energy in holding leadership accountable. You will not see share holders of a company leaving employees (at all levels) run the company by being incompetent. They will hold them to account for everything and if necessary fire the dead woods and with thieves, send them to jail. You chose the leadership into office. Deal with them vigorously and… Read more »
Zex wa Shaibu
Guest

DPP inyaaaa! JB ndi BOMA kale ,zasala zoti alipile za sister wa JB

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