Employee sues against ‘racist’ remarks

 

Lilongwe-based TNM employee Temwa Msiska has sued for damages against Mohsein H Diab on behalf of a minor, Hassan Diab, for making racist and derogatory remarks against him.

Diab is alleged to have called Msiska a ‘Malawian monkey’ while seeking mobile phone services at TNM.

According to summons obtained in the High Court of Malawi from the Lilongwe Registry, the accused, Hassan Diab, on August 15 this year went to a TNM shop in Lilongwe to have his SIM card replaced.

However, upon checking in the system and noticing that the number belonged to someone else, Msiska said he could not replace it. This is said to have angered Diab, who started talking on top of his voice and said, among other things, that “I am dealing with a Malawian monkey.”

Reads the affidavit in part: “Alternatively, but without prejudice to the foregoing by the said words, the defendant meant and was understood to mean the claimant is: an animal (a monkey) and not fit to and should actually not continue to hold the office of branch supervisor and that he should be dismissed as an animal.”

The affidavit further reads that the words are outrageous, malicious and defamatory.

“Hassan Diab knew very well that the above very serious allegations were being made against the claimant in the presence of his fellow employees, both superiors and juniors and customers, yet he was comfortable to utter the same in an open place in the shop,” reads the affidavit further.

The summon was served to the defendant’s legal representation, TF and Partners, on October 26 2017.

Through it, the claimant is claiming, among other things, general damages for defamation and racial discrimination; exemplary and/or punitive damages for outrageous, reckless, false and malicious utterances and costs of the actions. n

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