Court throws out Peter’s injunction against MBC
The High Court in Blantyre has discharged the interim injunction granted to DPP leader Peter Mutharika restraining MBC and three individuals from discussing the so-called war-mongering remarks.
In her ruling on Friday, Judge Rachel Sikwese said the court was satisfied that the undertaking made by the first defendant—Malawi Broadcasting Corporation (MBC)—not to make further publication of the words complained of was enough assurance that the injunction would be unnecessary.
“It would not serve anybody’s interest to maintain an injunction just for the sake of maintaining it with no real threat of damage to the reputation of the plaintiff,” said Sikwese.
Last week, the Democratic Progressive Party (DPP) presidential candidate obtained an injunction against MBC and political commentators Humphreys Mvula, Sam Mpasu and Blessings Chinsinga stopping them from making further reference to remarks that he purportedly declared war on Tanzania over the Lake Malawi border dispute. Mutharika is alleged to have made the remarks at a political rally. He has repeatedly denied ever threatening Tanzania with war.
But despite the vacation of the injunction, the defamation case in which Mutharika sued MBC, Mvula, Mpasu and Chinsinga will still continue.
Mutharika came under fire for allegedly threatening to wage war against Tanzania. MBC then sought the views of Mvula, Mpasu and Chinsinga to comment on Mutharika’s ‘war cry’. Mutharika argues that those comments were defamatory.
Judge Sikwese also ruled that MBC, when asked, should allow Mutharika to use MBC stations to clarify the statement that he made in relation to the lake dispute.
“The court was convinced that the first defendant [MBC] had no intention of repeating the publication and that it was willing to offer the plaintiff [Mutharika] an opportunity to clarify his statement should the plaintiff seek to exercise that right through the defendant’s stations,” reads the ruling that was pronounced in the chambers on August 16 2013.
In its preliminary arguments MBC, through lawyer Daniel Kalaya, asked the court to delete television and radio from MBC and retain the broadcaster’s name because the two were only news channels not independent entities.
In an interview yesterday, Kalaya explained that the ‘offending’ words were in a newscast that would never be repeated.
The defence team did not object to matters raised by the plaintiff.
This Mutharika man is very crazy and unreasonable. He was in government with his brother when they hated injunctions against government or any government organization and now he is busy trying to protect his political image after his careless talk about the lake.Does he think he is very smart? he better think twice before trying to fool Malawians so he can rule them because we know how arrogant he and his brother were by not caring about their needs while the brothers were busy filling their pockets.It is very hypocritical for him now to pose as a saint blaming the JB administration for people’s hardships.Peter Mutharika can not make a good leader because he has arrogance,tribalism, and incompetence in his blood.
BINAH, you are so dull and empty just like the nation crew. 1. DPP did not hate injunctions BUT that both parties should be present to be heard. 2. BINAH, you are basing your anger on the ‘title of the article’ sadly you dont have the brain to understand that in fact the judge has ruled in favour of Peter to be given an opportunity to explain what he meant. An opportunity which MBC will unlikely be comfortable with. 3, Peter is not a tribalist. History has recorded and that will never be erased that a real tribalist in Malawi is a Tumbuka. 4. To the nation newspaper, its shameful that you have engaged in shameless propaganda which every malawian can see. 5. To Blessings Chinsinga: you are another shameful activist…i wonder if your students still take you seriously.
Wrong title to serve a pro- PP government agenda. Nation Newspaper, you are really surprising these days. Tsiku lachi 40 likadzakwana musadzayambenso kulira ngati kale lija because you fail to stand on truth and instead deliberately frame things to pamper an incumbent government. The day you will cross the line again you will be crying that boma lasiya ma advert mu Nation bla bla bla. What pathetic journalism!
What a WRONG title intended to serve a pro- PP government agenda. Nation Newspaper, you are really surprising these days. Tsiku lachi 40 likadzakwana musadzayambenso kulira ngati kale lija because you fail to stand on truth and instead deliberately frame things to pamper an incumbent government. The day you will cross the line again you will be crying that boma lasiya ma advert mu Nation bla bla bla. What pathetic journalism!
The Nation Newspaper do not make the public believe that Court has thrown out Peter’s injunction. In fact it has favoured Peter by even instructing the broadcaster to allow Peter make clear his statement. In fact this is to show that MBC and its staff should shoulder their mistake of just airing things even those they know are deliberately distorted. You are full of propaganda to the expense of your professionalism you people at the Nation. Kodi nchifukwa chiyani? Konzani kachitidwe kanu.