Judge takes on lawyer, demands K250m
High Court of Malawi Commercial Division Judge Kenan Manda has taken lawyer Alexious Kamangila head on and is demanding K250 million in compensation over Facebook posts alleging that the judge engaged in fraudulent conduct.
In a demand letter dated October 7 2024 addressed to Kamangila, Manda through his lawyer Michael Goba Chipeta said between October 2 and 5 this year Kamangila made multiple Facebook posts relating to the judge’s order in Commercial Case Number 136 of 2024 involving Mukteshwar Sugar Mills Limited and Salima Sugar Company Limited.
Chipeta said the posts were understood to mean that the judge is fraudulent, dishonest, a criminal, untrustworthy, incompetent, unprofessional, unethical and corrupt.
Reads the letter: “Your baseless and false statements have caused immense harm to our client’s personal and professional reputation. They have subjected him to public contempt, ridicule, and discredit, adversely affecting his standing in the community and the judiciary.”
Besides demanding K250 million damages, Manda also wants Kamangila to apologise and stop making “further defamatory statements or disseminating false information” about him.
According to Chipeta, if Kamangila fails to comply with the demands by October 10 2024, the judge will initiate legal proceedings against him.
“Such proceedings will seek all available remedies, including but not limited to aggravated and exemplary damages and recovery of legal costs incurred,” reads the letter.
Chipeta yesterday confirmed writing the demand letter and said it was already served on Kamangila.
In a separate interview, Kamangila said he had received the letter and he was ready to face Manda in court.
“I stand by what I have said on my Facebook page,” he said.
On September 13 2024, Manda granted an order to Mukteshwar Sugar Mills Limited stopping Salima Sugar Company Limited from dealing with its funds and assets amounting to $2.3 million (K4.1 billion) held at seven banks in the country over alleged failure by the local sugar firm to pay Mukteshwar Sugar Mills Limited.
Salima Sugar Company was established in 2015 as a public private partnership between the Malawi Government with a 40 percent stake and AUM Sugar and Allied Limited of India with 60 percent stake.
However, last December the Malawi Government terminated the shareholding due to alleged breach of contract after a forensic audit revealed that $35 million (about K61 billion) invested in the company could not be accounted for.