Mtawali vs FAM case OCT
Football Association of Malawi (FAM) and its vice-president James Mwenda will defend a case in which former Flames coach Ernest Mtawali is accusing them of defamation.
High Court records show that the first defendant (Mwenda) and second defendant (FAM) will challenge the case, which has been entered as civil cause number 288/2016, through a law firm Destone & Company.
“We refer to the above matter and enclose herein an acknowledgement form showing our client’s intention to defend the above matter for filing with the court,” the affidavit from Destone & Company, signed by Patrick Mpaka, reads.
However, in a telephone interview with The Nation yesterday, Mpaka could not list lines of defence for the matter, saying it is too early to make them public.
“We have up to early September to peruse the matter and present our grounds of defence to the court. Although we have already started that process, it would be too early to disclose that to the media because we have not yet discussed the matter thoroughly with our clients on how to go about it. What I can confirm now is that we are going to defend the case,” Mpaka said yesterday.
According to the Judiciary spokesperson Mlenga Mvula, the development means the case has begun but court proceedings will follow after the annual judicial vacation in October.
Mtawali and his lawyer at Ritz Attorneys at Law Lusungu Gondwe could not be reached for their comment yesterday.
In the case, Mtawali, through Ritz Attorneys at Law, is claiming general and special damages over broadcast and published articles, in which Mwenda, as FAM technical sub-committee chairperson, reportedly alleged that the coach was fired due to indiscipline.
According to court document The Nation has in possession, Mtawali sued Mwenda because around June 27, 2016, falsely and maliciously spoke and published to various newspapers and media representatives and other person concerning the plaintiff that:
“…the FAM technical body decided against renewing Mtawali’s contract on the basis that he lacked planning and managerial skills and, to some extent, discipline.”
The document stipulates that the said words, printed and republished on the back page of the issue of The Nation of June 28, 2016 under the heading FAM eyes expatriate and in the issue of BBC Sports Magazine of June 30, 2016 titled Malawi sacks coach Ernest Mtawali, damaged Mtawali’s character and professional reputation as a football coach, who has been brought into “public scandal, odium and contempt.”
It further states the article on Zodiak Online also did the damage.
The said article read: “Going through the privy of the report by the technical committee of FAM, it is clear why the national football team is only a shadow of itself with nothing to point as evidence of the slightest achievement…it makes unbelievable revelations of the dirt that happens behind the scenes. The dirt is so filthy that not even the garbage man would lift into his van.
“There are allegations the head coach has been spotted on drinking outings and sharing cigarettes with players while on national duty as recent as the Cosafa Namibia task…The coach is also accused of relating well to other players at the exclusion of others and borrowing money from players, a behavior that led to fallout with some two players.”
The document states that the said word in their natural and ordinary meaning meant that the plaintiff is incompetent and does not have any skills as a football coach, he lacks managerial, leadership qualities.
