Malawi President Mutharika sues Nyasa Times, fierce critic Ntata over K92bn cashgate

July 26, 2015 Nyasa Times Reporter 95 Comments

Malawi President Peter Mutharika has rushed to court to file defamation charges and seek an order restraining leading online publication Nyasa Times from further publishing the issue of K92 billion Cashgate linked to the Head of State.

Mutharika : Gagging!
Mutharika : Gagging!

The law suit also includes Mutharika’s fierce critic barrister Z. Allan Ntata and the President wants to be paid damages.

In the lawsuit, according to court records seen by Nation on Sunday newspaper, Ntata – legal adviser to the President’s elder brother, Bingu wa Mutharika, who ruled the country from 2004 until his death in April 2012 – published an article on Nyasa Times on June 22 this year, alleging the President is implicated in the K92 billion Cashgate.

Ntata further claimed in the article that the President was delaying to release forensic report of the K92 billion Cashgate under his late brother’s eight-year rule because he was involved, citing the court records.

The lawsuit has been lodged at the court by lawyers Tembenu, Masumbu and Company.

Nyasa Times had quoted what 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.

Mutharika said in their natural and ordinary meaning of the published words, they meant he [the President] is engaged in fraud and corruption.

The President claimed: “[The words also mean I am] engaged in dubious transactions with HTD…involved in the looting of public purse from Capital Hill known as Cashgate. In consequence, [my reputation] has been seriously injured.”

Apart from seeking damages for defamation, is seeking an injunction to stop Ntata and Nyasa Times, their servants or agents, from further publishing or causing to be published the said defamatory article of the plaintiff.

Ntata and Nyasa Times are yet to give their reaction the lawsuit.

The K92 billion (US$206.7 million) Cashgate was reportedly mismanaged during the first Democratic Progressive Party (DPP over the eight years of the presidency of the late Bingu wa Mutharika.

With financial assistance from the German government, the Auditor General’s office released a data analysis report -conducted by audit and business advisory firm, PriceWaterhouseCoopers (PwC)- as a first step towards a full forensic audit which would take approximately 10 months.

The data analysis cost German taxpayers 250 000 euros (K125 million), according to National Audit Office and identified discrepancies between payments made from government bank accounts and cashbook records held in the Integrated Financial Management Information System (Ifmis).

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95 replies on “Malawi President Mutharika sues Nyasa Times, fierce critic Ntata over K92bn cashgate”

  1. If you have a wound and salt is applied on it you feel pain but if not eventhough salt is applied you do not feel any kind of pain. This means that if our bwana is clean, he should not bother. He should just level the playing grounds equally for investigation and release of names of culprits to take place without use of intimidatory measures.

  2. Ndukutha kuona President akuzisomera chaka chino. Mumanena zambirimbiri pa 13bn ya muulamuliro wa JB, nanga izi za 92bn yokhuza inu mutani? Nanga kukhoti akakanena kuti munabadi mukatani?

  4. Ndithe ndithe nanthambwe anazitengera pitani kukhoti mukayankhe munawonjezatu .poti munati ndichitsiru lero chitsiru chija chakusumirani kkkkk

  5. Although I take Ntata’s writings with a pinch of salt and that the President can’t be sued while in office why can’t the president wait to sue when he can also be sued, i.e. when he is out of office.

  6. A country that is economically crippled and the poorest in the world is being ruled by bandits who win stolen votes. The 92 billion in qiestion helped a lot to win. Think of their salaries, salary gate at its best.The cow they are milking is now only bones.

  7. MALAWI A COUNTRY FULL OF WRITERS AND CRITICS ALWAYS NEGATIVE MINDED FAR FROM POSITIVES CONSTRUCTIVE. ALWAYS FULL OF JEALOUSY AND NOT READY TO DEVELOP THEIR OWN COUNTRIES CRY BABIES LOOKING UP TO DONORS NOT SO CREATIVE , EDUCATION FOR ABUSE , WRITING EVIL OF PEOPLE WHO ARE IN CONTROL JUST TO CONFUSE THEM. ALL MALAWIAN ARE POWER HUNGRY WISH TO RULE AND NOT TO BE RULED . SHAME ON US WE SHALL NEVER DEVELOP BUT SHALL REMAIN BEGGARS EVEN IN OUR HOMES

  10. mbala iwe KHALA PHE. NKHOPE YOPHWANYIKAYO. LERO ZIKUKUWAWA NANGA NDALAMA UNABA POPITA KU AMERIKA UMANAMA KUTI KULI MEETING WABWEZA.

  11. Ntata has an ace up his sleeve. Mark my words. He was just waiting for APM to react.

  12. Inu mukututumuka bwanji ngati ndi wakuba. Ndalama zinasona akulamulira achimwene anu. Lero inu diso pamtunda ngati kuti akugwirani mukuba. Nanga akaulula zijazi. Mulimbana nayenso? Ifetu tikudziwawa kuti inu akuululani basi. Wakaba! Kukanakhala kundilande tikanapanga braii!- Kuotcha.

  13. As President, Mutharika has rights to be protected. It is constitutionally acceptable for Him to sue whether Ntata or Nyasa Times over image damage. Amene simukudziwa just SHUT UP. Mxiiiew, anthu oipa inu. APM Boma till 2024 wina afune asafune.

  14. This is VERY GOOD! Thank you Mr. President for confirming that you are an utter fool! Allan Z Ntata will have a field day in cross examining you. All the dirt will now come out into the open…God has answered our prayers….

  15. Why can’t you people writ about the filthy that is between Lilongwe main market and Lilongwe main bus depot…

  16. Antata ngati muli shasha mukawinetu mulanduwu tiwona ngati simulira naye nyapape. mumangomuonera patali mudziwana ife kwathu mkuonera, kumvetsera komanso kuwerenga.

  20. Pitala is very right! Nyasa & its followers must stop writing about Mk92 bn bcoz ndi tima peanuts! if nyasa & co want to scribble something about cashgate then go for the whooping Mk577 bn!

    Mukusumira azanu bola mukhaletso okonzeka kukayima mu khoti as well.

    Report kaye nanga abwana. And why now after b4 the report. mwina report inatuluka kale and u wanted to edit namws first.

  21. ‘Those who live by the sword, shall die by the sword.’ ‘There is no actiom without consequences.’ ‘You can run, you can hide but one day you will be found out’

  23. Time t learn how t say nothing but the truth, for whatever we communicate can be used against us in a competent court Law!

  25. Can this so-called president withstand the cross-examination by people like Ntata? Actually his lawsuit will reveal more than we have long known about the K92billion. Have never seen such a dull president in my life.

  28. Udzu uzauma akamathibulana mkhoti. Siizo lero mwaziona msiye thieving. A pulezidenti chosani magulovu(immunity) for a fair game.

  29. This is a matter that is begun by writ of summons. Therefore there will be cross-examination. Is APM ready to be cross-examined? APM should just withdraw this case.

  30. Only a president with his back against the wall, or a president caught with his trousers around his ankles, would think of taking this course of action . You so badly wanted to become president that you accepted to be sworn in as president in a rushed manner . Now enjoy the music you incompetent and clueless imbecile .

  31. Suing an online publication!!! Kikikiki, what intelligence is that? Will it materialize? In communication studies I learnt that this is one of the impossible cases. An online publication is a none entity the learned professor should know this.

  32. Head of state wakuba you sell MBS bank because you,your late brother, your minister of trade, mulli brothers etc takes loan there, sue me bwana I am ready to present my self in court. thank ndakwiyatuuuuuu

  33. It is quite clear peter muthalika is involved in K92bil government robbery. This is an evil president. He must resign

  35. Pali anthu ena akumakunenani bwana kuti mukulephera kuyendesa dzikoli. Pls chonde muwasumirenso amenewo. Ena akuti munagula nyumba ya Malawi housing mwakuba, zoona zimenezo ? Pls sue them all. Ambiri Akuti munabera chisankho, musawasiye amenewo akuzolowera. Kodi zingakhale zoona kuti inuyo munaba nawo mu. 92 billlion eti!!.

  37. Allan Ntata promoted corruption in dpp,he thought
    he’ll be with Mutharikas forever.Dont fool us

  38. PEPANI ABALE, MUNTHU AMATHA KUDZITHILIRA TEMEKI NKUFA YEKHA!

    AMBUYE AMATIKONDA, ADZATICHOTSERA MINGA ZONSE!
    MARK 2 CHRONICLES 20

  39. There is no smoke without fire My fello Malawians, Vuto ndiloti a Malawi tinazolowela kunamizidwa..when people are writing some of these articles we need to find out more. Kodi nanga report sikutuluka Pantene ndrama a Germany adapeka zamkhaninkhani

  41. I dare say game on. Potha banja saphelana nkhuku. Ntata, you are clearly sitting on a hot and ticking bomb awaiting explosion. Yakwana yokha, ine zundikomera.

  43. nyasa times i tod u kut dis battle u hv started with APM u wil never succeed…u see dis iz only d starting point munya muona ntata ndiye mbuzi yeniyeni

  44. inenso Ntata amandinyansa he behaves as if was not born in Malawi. This is our country lets love it and contribute positevely to its development.

  45. I am also going to take you to court Mr President for stealing the last Presidential elections and causing mysterious accidents to Kabwira and speaker of parliament .

  46. All you should have done mr president is to warn ntata and nyasatimes that you will sue them when the forensic report comes out in ten months time and proves that you are innocent in the 92bn cashgate.

    Taking legal action now is pure intimidation and desire to silence nyasatimes and its followers who are mostly justifiably fierce critics of your govt and its corrupt practices. We provide real checks and balances in your govt. You are trying to kill freedom of expression by using backdoor tactics.

    your govt. You are trying to kill freedom of expression by using backdoor tactics.

    We are also aware that you want to turn Malawi into north Korea where all online communications are blanked or heavily censored. Hence attack on nyasatimes whilst allowing your useless bootlicking Malawi voice to vomit its lies.

    The world is watching you.

  48. Mr President , tell the nation that you are a total failure since you became a president of Malawi . The issue of MK92b was there during your brother’s presidential term , when you were campaigning you told Malawians that you will carry on with what your thieving brother was stealing the government coffers , why complaining and sueing wrong people?

    You started by wanting to silence Yelemiya Chihana simply because he had valued the deceased state of your brother , who does not know that even this time of you being a president you are busy thieving government money that’s why you are shielding Asians and Ben Phiri ?

    Expect to follow your brother the way he died . Esk Muluzi to tell you what it means to be a Malawi president , you expected Malawians to be craping hands for you dunderhead ? Please forget if that is what you expected us to be doing then you are wrong , if you rushed to be a president of Malawi , just forget and go back to where you belong .

    You were in a hurry to be sworn in as a president of Malawi .

    You just step down if you are failing to lead Malawi , taking Malawians to court you will not silence them either.

    Waint for the MK577b that is the time you will have a heartache .

  49. Suing is one thing but winning the case is another. They would have waited for the report before going to court nanga mwina .mu report mo alipo ndiyetu aluza kale case!!!

  50. By suing, the President risks being prosecuted on a number of issues. He has given up his immunity to prosecution

  52. pitala usova….nzako amapanga choncho koma cardiac arrest inamutenga. Sungalimbane ndi Nyasa times & Ntata, you are still young…. mxiew!!

  56. The president has lost direction and he should take the example of Jacob zuma of South Africa where he was and is being labeled a thief for security upgrade in his home village Nkanhla but has never levelled a lawsuit against detractors not even against malema of EFF or anybody who talked ill of him and his government. Zuma also withdrew a case against a certain white man for drawing a cartoon depicting Zuma with his generals hanging out just imagine how serious it was he did so because he could be the first president in the world from a democratic society to sue his own citizen so did JB. I think Joyce Banda had good advisors who withdrew almost the same case as this when she was suing someone for allegedly forging her signature but her advisors warned her of damaging her reputation. So Mr president you should be very very careful because Ntata you are dealing with was once with you in government and new a lot about you and your brother so please be extra careful because he might open a can of worms in court thanks good luck with your dunderheaded advisors.

  57. Bravo 2 The President 4 Makn A Decision That Has Been Long Overdue. In As Much As I Appreciate The Roles Of Ntata & Nyasatimes, Credible & Balanced Reportn R Key 2 Makn A Malawi We All Long 4. I Believe JB did worse during her tenure and arguably beneffited from Nyasatime’s Favourable Reportn. Where Was Ntata’s & Nyasatimes Scrutinisation During JB’s era. let’s not base Peter’s Regime On What Bingu Did. These Guys Myt B Similar But R Not The Same.

  59. Mr Presido and the crew don’t take these matters for a joke. Ntatata and Nyasatimes are not myopic. They also have facts to lean on. Most likely they may reveal more as Ntata was sailing in the same boat and not only the same boat but close to the Captain. You will make a hero out of Ntata when he wins and worse of yourselves looking at the trend of current events. The advisors are misleading the Presido!!

  60. Kkkkkkkkkkkkkkk he can’t speak properly at least he can read and he can hear…there is hope……mukhiyeniiiiiii

  61. I feel sorry with the so called president who wants to respond to everything written. Mr. President pliz stop it forthwith. Muyaluka. Za nthawi ya Kamuzu zimenezo not in a democratic era. Musumuila angati? Ndizoona tikuvazi zoti mukufua kuthetsa ma Social Media

  62. They say mutu ukakula siulewa nkhonya. Mr president its too early to rush to courts. Let the forensic audit come out first. Now this issue will defame you more. It verifies the saying that the guilt are afraid. Nyasatimes writes stories emanating from a source better sue that source other than suffocating our news distributor. Muyalukapo apa.

  64. They say mutu ukakula siulewa nkhonya. Mr president its too early to rush to courts. Let the forensic audit come out first. Now this issue will defame you more. It verifies the saying that the guilt are afraid. Nyasatimes writes stories emanating from a source better sue that source other than suffocating our news distributor.

  65. Two clueless presidents in a row. No wonder the economy is on downward spiral. It is better you leave the presidency to Dr Ben Phiri ASAP

  67. Ntata waonjedza koma ur pulling malawians not peter wamav?. Tili ndi mavuto ambiri dziko lino not udzikhala mfimfimfi ndi matukutuku akowo zatikwana wamva. Ukuona ngati ife DPP sitinaithandize? It was me hu was writing speaches for Peter koma andipasa khanthu?, Ndikupsabe ndi dzuwa chomwe ndikupanga ndikulimbikira kulima basi bola boma lindipase nsewu wa bwino oti ndizikafika ndi tomato wanga ku blantyre kudutsira ku liragwe basi. Am serious n i hv invested my money mu DPP koma sindinapange ndi mtima odzafuna cholowa nop. Pliz came n stand U Mp or president tione ngati ungawine. I dislyk u ntata

  69. After suing what comes next? …………..Heart attack? The million dollar question is who will suffer the dreaded ……cardiac arrest???

  71. Nice one. If APM kept quiet, his natural haters and critics would have said ndizoona thats why he is quiet. Please nyasatimes and your nameless columnists, if you claim to be journalists, tell us what we need to know as a country NOT personal hatred expressed on paper

  72. as your suing them please ,be informed that govt institutions received no funding since june.by the way where are salaries or civil servants?mungonjoya nokhatu ?antchito anu adzatayire kwathu zotsala pa tebulo panu bwana.

  74. APM is clueless. How is he failing to see that Feston Kaupa and Dr Mosed Chisale are killing CMST by their corrupt acts. Could APM visit CMST watehouses to prove what am saying. How could these clowns by thousands of litres of spirit when thete is already too much in stock. You need a competent Minister and a good PS.

  75. APM akulira. Ndiye usumira angati? Wasowa chochita eti? As head of state you should know that its just the begining of your bashing. Stupid people like you are saying cudos but na lie my brother. Anthu sanati iyayi. Ulira mpakana 2019 woyeee. Joyce ankalira chimodzimodzi, bingu ankaliranso chimodzimodzi. You should know kuti you are there kuti tidzikutukana.

  77. Am so proud that APM has had enough and sued this clowns. There has been so much mudslinging without any evidence and let these clowns defend themselves in court. As a trained lawyer I could have loved to prosecute this one for free. Now the drama will unfold . For the spectators defamation is when you write trash without substance to injure someone character.for instance in the past we had the Malawi Democrat newspaper which specialised in tarnishing image of political leaders in the middle 90’s. The paper was killed by Aleke Banda after winning a defamation case in the High court.

  78. APM should know that his ‘reputation’ is in tatters not because of Z Allan Ntata or Nyasatimes – but because of his neglect of his duties as a President. He has allowed the public health system to collapse, and he couldn’t care less.

    APM should wake up from his slumber and smell the coffee. Public services are falling apart due to gross underfunding and executive neglect and all APM seems to care about is his reputation. Things are so bad that even his most loyal followers in the Southern Region may begin to see him for who he really is: An ineffective leader who only wants the rain , but not the mud that accompanies the rain…

  80. Mr N tanta exceeded the freedom of speech standards as laid out in our constitution. He was attacking the President in every article and it looks like he had an axe to grind with Peter. It was bad and painful on the side of Peter and it is good that Peter has chosen the legal way than use his Presidential powers. If Ntata is a smart guy let him fend off this in a legal way and prove his point, otherwise he is a bad.man who wanted to poison the minds of Malawians through lies against an elected president, he has been vexing the President too much. Even the Bible advises us to respect our leaders because the Lord approves of them.

  81. Mr clueless trying to shut down dissenting opinions. The more gag the more secrets get revealed. Munya mouna.

  82. Please differentiate between defamation and criticism. Ntata and nyasa Times defamed the president not criticise. You criticise wrong decision or action. You defame on malicious wrong information as in this case. I was wondering that online papers can be sued.

  83. Mr President, as much as u would want to clear your name, rushing to the lawyers whilst the report of the plunder is still unknown is not a good Idea. Let the report come out . What these people are writing are just allergations. Gaging Nyasatimes will just raise more suspisions. Let them write whatever they are writing and once the report is out and proven that you were not part and parcel of the looting and merciless plunder, that’s when you can sue them.

  84. President suing his people. Pressure mounting indeed…. Next will be heart attacks…ife tidzangoti lululululu…..

  85. 1. So should JB take Peter and the entire DPP, Galaxy and all other related DPP rubbish for the same.
    2. Lazarous Chakwera should take Kaliati and other DPP Village Idiots to Court for redress, chifukwa mene akunenera Peter kuti Ntata wamuyipitsira mbiri, so do JB, Chakwera etc.

    ISAMAKOMERE MBUZI KUGUNDA GALU AYI

    1. Implying that the president as a leader of DPP has no moral right to sue people who are allegedly defaming him considering that himself allows his lieutenants to defame opposition members in his watch durig developmental rallis??Koma ndiye ku Malawi kunacha basi!!!

  86. Osathamanga blood mr president, mind u the more u do that, the more ur reputation will b at stake, upresident uja ndi umeneu lero kumva izi mawa izo, so this z jst the begnning the worst z yet to come pokhapokha utatha ulamuliro wa multiparty zomwenso sizingatheke

  89. I am not sure of the possibility for a sitting president, in his capacity as a public official, to succeed in a defamation case. However, I think the President has taken an appropriate step to file a lawsuit as an announcement to all local and international stakeholders that he is not involved in corruption. The way the 92 billion Kwacha audit query has been handled by selfish Ntanta and opportunistic Nyasatimes to mislead people for political reasons deserves putting them on the defensive. Nyasatimes has no evidence, but the selfishness to confuse people off of the real cashgate issue which the nation must be able to prosecute. Great calculation Mr. President. Now Ntanta and Nyasatimes would have to back their dubious claims with facts, if they hopefully have anything of substance to their allegations.

  91. It would have made a lot of sense if the President had waited for the final outcome of the 92bn saga before seeking legal redress. This looks intimidatory.

  92. When the president starts suing critics…means pressure is piling…we are surely headed for the same path..kwacha depreciating steadily when tobacco season is in full swing…I can smell some crisis not too long from now.

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