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| National |
| Hanjahanja sues radio |
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by
Gedion Munthali, 11 March 2003
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Retiring Judge William Hanjahanja is demanding unspecified amounts of money in damages from Malawi Institute of Journalism (MIJ) radio station for defamation, his lawyer Kalekeni Kaphale confirmed on Tuesday.
Kaphale said in an interview he received instructions from Hanjahanja to write MIJ a “demand letter” claiming damages following their editorial material which allegedly injured the judge’s reputation.
“I wrote MIJ giving them an indication that my client is claiming damages from them. They were supposed to have responded by yesterday, but they have not,” said Kaphale.
He explained that a demand letter is the first step any lawyer takes in matters relating to defamation.
MIJ Executive Director James Ng’ombe confirmed receiving the demand letter from Kaphale, but said the radio station’s lawyers were looking it and forming their opinion on the way forward.
“That is all I can say at the moment,” said Ng’ombe.
Kaphale did not quantify the damages, saying it was the duty of the courts.
“It is difficult to make my own assessment. The courts will do it if there isn’t any option for an out-of-court settlement,” he said.
The radio station is alleged to have suggested that Hanjahanja is incompetent in one of their news items on lawyers for the Forum for Defence of the Constitution (FDC) demanding that Hanjahanja recuses himself from presiding over an injunction restraining the group from demonstrating on the third term issue.
The FDC felt Hanjahanja would not be fair in his handling of the matter because he was already due for retirement and that he had demonstrated his support for the present government which forced the civil society demand his removal from the Electoral Commission ahead of the 1999 general elections.
Former Registrar of the High Court and Supreme Court of Appeal Healey Potani conceded that the court erred to assign Hanjahanja new cases, saying the anomaly arose from the absence of other judges to take it up.
Justice Anaclet Chipeta has since been allocated the case.
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