Kalindo sues WhatsApp group admin demanding K50m compensation over alleged defamation

Aggrieved Bon Kalindo

* Dollah Samson alleged created two groups  ‘Winiko Mbava’ and ‘Citizens Voice’ and added Winiko as member

* She allegedly added him back after he had exited the groups

* Your conduct shows that you have clear intentions to injure the reputation of our client

By Duncan Mlanjira

Public comedian-turned politician, Bon Kalindo has sued Dollah Samson, a WhatsApp groups admin demanding K50 million compensation over alleged defamation.

Kalindo has also demanded an apology on the same media used  named ‘Winiko Mbava’ and ‘Citizens Voice’ and closure of the said WhatsApp groups — which Samson was allegedly using to attack Winiko and was given 48 hours to obliged as from Wednesday, May 4.

The K50 million compensation is being demanded to be paid within 7 days from same Wednesday, May 4 and that if all the demands are not met, his legal counsel Kawelo Lawyers have been instructed to proceed to commence both civil and criminal proceedings against Samson and without any further recourse to her whatsoever

In their letter to Samson, Kawelo Lawyers indicate that for the past few weeks, she has been “on a smear campaign to tarnish [Kalindo’s] image by, among others, sending WhatsApp messages direct to him”.

“She is also alleged to have created the WhatsApp groups —  ‘Winiko Mbava’ and ‘Citizens Voice’ — on which she has been attacking Kalindo “as a corrupt and dishonest person, a thief and a potential murderer”.

“We have further been informed that you added our client to these groups and you had the courage to add him back after he had exited the groups

“Your above conduct shows that you have clear intentions to injure the reputation of our client and indeed you have caused a great damage to his reputation and standing to all right-thinking members of the society,” says the summons from Kawelo Lawyers.

Just last week, there was a public outcry following the arrest of Chidawawa Manje, a nurse at Ntcheu District Hospital over cyber harassment, who was discovered to have insulted President Lazarus Chakwera and the First Lady through a conversation on a DPP Rebranding WhatsApp group.

A statement signed by national police deputy public relations officer, Inspector Harry Namwaza had said Manje used obscene and unprintable words and charged him with cyber harassment contrary to Section 86 of the Eletronic Transactions and Cyber Security Act of 2016.

The statement further says the Police takes cognizance that “everyone has the right to freedom of opinion and expression but it is incumbent upon everyone to behave responsibly and respect other people’s rights”.

The arrest was received with mixed reaction on social media, with Gift Mandowa hinting that “Whatsapp is a closed group and the one who made the screenshot viral needs to be arrested instead” while Austin Mtukula asked why Manje has been “arrested for freedom of expression”, substantiating without proof that Americans do insult their President Joe Biden.

Calisto Mwepetha said: “Malawians, ask yourself who was once arrested for freedom of expression? This male nurse went overboard and how will nurses organisation assist him with this kind of behavior?”

National Organization of Nurses and Midwives in Malawi (NONM) joined the outcry by announcing its intention to call for a nationwide strike if the police would not release Manje.

NONM president, Shouts Simenza told Zodiak Broadcasting Station (ZBSNews) last week that they were following the matter with keen interest, saying failing to release him, the body will call its members to stay away from work to show solidarity with Manje.

But through Facebook, Penjani Munthali was of the opinion that the arrest of Manje was because of a personal mistake, and not to do with NONM, asking why they should call for a strike?

“If it was a mechanic, so all the mechanics should go on a strike?”, he asked and wondered if NONM sent him to issue the insults. “I thought this is personal — why connecting ndi za ntchito school me here, am lame.”

Yafeti Kanyinji asked if Manje expressed his views in such a manner as representing nurses, asking “did he talk on a nursing forum? Are nurses allowed to talk obscene language in this country?”

Mayamiko Liwonda said in his view, the language as used on the WhatsApp group shouldn’t have been used by a 39-year-old, saying “surely, we can criticise but we should be reasonable and have a human face”.

Juliet Phineas said “freedom of expression has limits” and that stressed that insulting the President is a crime as the country’s Constitution protects the name of the President and national emblems”.

The debate raged on prompting Ramson Makhalira to ask what it was that warranted hurling insults to the President instead of just talking substance, saying “don’t you know that you can express your freedom of opinion without insulting?”

To which Mwinimadzi Francis agreed by saying that “freedom and rights go hand by hand with responsibility. So, my fellow Malawians, be responsible when exercising your rights/freedoms”.

Gift Kuchona emphasized that “insulting anyone [and not just the President] is a crime punishable by law. Just don’t take things for granted although sometimes one can get away with it” with Chipiliro Lackson advising the public to “use social media wisely and responsibly. We have laws now which are safeguarding the social media.”

Yankho Somanje summed it up that this case is an opportunity for the public to learn of how to tread carefully on social media, saying this “is an opportunity for the courts to interpret the law and determine the limits of rights and responsibilities”.