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.

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.