Owner of Nu-Tread threatens legal action for alleged defamation by one of key MCP witnesses in Constitutional Court case

 

Maravi Express

Owner and managing director of Nu-Tread Limited, Michael Antoine has threatened to seek legal redress unless Anthony Bendulo, one of key Malawi Congress Party (MCP) witnesses in Constitutional Court case retracts and unconditionally apologize to the allegation he made against the complainant and his company, which are deemed as defamatory.

And if the demands stated by the complainant are not addressed, Antoine’s lawyers, Naphambo & Company, have been instructed to go ahead and institute civil proceedings against Bendulo, claiming compensation for loss arising from the defamation and loss of business suffered by Antoine and Nu-Tread Limited — currently estimated at MK800 million.

According to the petition from the lawyers, Bendulo published on his Facebook page a post on March 31, 2020 or thereabouts to the effect that Bendulo and his agents “had cracked down on Nu Tred (sic) Limited which was involved in a national identity (ID) card buying syndicate aimed at rigging in the elections scheduled for 2 July, 2020”.

“You further falsely stated that you or your agents caught some women with forms for ID card rigging who were masquerading as MADEF agents and that you or your agents went to business premises of Nu-Tread Limited and found some forms and documents for rigging elections.

“Subsequently, you then posted a picture of Nu-Tread Limited’s business premises in Lilongwe with a caption that falsely stated that the premises were the hub for the collection of these ID cards.

“These false statements have had the effect of tarnishing the image of our Client and Nu-Tread Limited as they created an impression that our Client and Nu-Tread Limited are dishonest and are involved in an illegal scheme to rig the forthcoming elections.

“Furthermore, it has endangered the lives of our Client  and has led to various threats being issued against him, his family and Nu-Tread Limited.

“Some of these threats,” says the petition, “have been published on your Facebook page as comments to your two posts by various people and include threats to burn down Nu-Tread Limited’s business premises.

“In addition, you have not deleted the said threats from your Facebook page nor have you issued responses to these comments asking these commentators to desist from issuing such threats or committing any violent and illegal acts aimed at our Client, Nu-Tread, it’s property and business premises.

“In essence,” says the petition, “this omission amounts to and endorsement of the said threats.”

Antoine, through the lawyers Naphambo & Company, says the false statement has led to Nu-Tread losing business and caused harassment to the owner and his family which is a crime under Section 88 of the Electronic Transaction and Cyber Security Act.

“By continuing to publish these false statements on your Facebook page, you are either an accomplice to these crimes or are aiding and abetting these crimes.”

Naphambo & Company informs Bendulo that he should immediately delete the posts relating to Antoine and Nu-Tread on his Facebook page and to instead publish a new post on the same forum in form of an apology to Antoine.

The lawyers also asks Bendulo to retract the the false statement that he made that implicated Antoine or Nu-Tread Limited in any voter rigging scheme.

“This post should be published within fourty-eight (48) hours from the date [April 5] of receipt of this letter.

“In the event that you do not delete the said post and/or issue the retraction and apology within the said timeframe, our instructions are to institute civil proceedings against you claiming compensation for loss arising from the defamation and loss of business suffered by our Client and Nu-Tread Limited (currently estimated at MK800 million).

“Our Client, furthermore, reserves the right to lay criminal complaint against you on the grounds of the harassment and defamation mentioned above,” says the letter from Naphambo & Company.

Maravi Express did not find the said post on Bendulo’s Facebook page, which has the description ‘innovator, programmer, animator, cybersecurity expert, branding specialist, election fraid consultant’.

Meanwhile, Malawi Communications Regulatory Authority (MACRA), through the Malawi Computer Emergency Response Team (MwCERT), says is has noted with concern the rapid spread and distribution of fake news and information related to the Coronavirus (COVID-19) being posted on platforms such as Facebook, Twitter and WhatsApp.

And in warning the public to desist from instilling fear amongst people on the deadly virus, MwCERT reiterates that personal details, whether of COVID-19 victims or otherwise, when shared and distributed without the authorization of the people affected, is a violation of the right to privacy under Section 21 (c) of the Constitution of the Republic of Malawi.

And just as Naphambo & Company pointed out in Bendulo’s petition, it is also an offence under Section 84(8)(a) of the Electronic Transactions and Cybersecurity Act, 2016, which prohibits the communication, disclosure and transmission of personal data without authorization from the data subject.

“The public is, therefore, advised to refrain from committing these acts as such conduct may attract serious legal sanctions,” says a strong message from MwCERT issued on Tuesday, April 14.