Dr.Milton Mahanga afungua kesi dhidi ya Msemakweli

Four subpoenaed over 3bn/- libel suit


DAILY NEWS Reporter, 1st March 2010 @ 11:00, Total Comments: 0, Hits: 155

THE High Court has ordered activist Kainerugaba Msemakweli and three other defendants to appear before it on March 23, this year, in the suit lodged against them by Ukonga Member of Parliament (MP) Makongoro Mahanga, demanding 3bn/- damages for libel.

According to a summons issued by the court's District Registrar Saul Kinemela and published by 'Daily News' last Friday, the defendants are required to show up either in person or by an advocate, failure of which the court will proceed with the matter in their absence.

The summons further indicates that the defendants are required to produce all documents on that day with which they intend to rely on in support of their defence case against the suit by Dr Mahanga, who is also the Deputy Minister for Labour, Employment and Youth Development.

Other defendants in the suit are Nipashe Newspaper reporter Muhibu Saidi, Managing Editor of Nipashe and its publisher -- the Guardian Limited.

Dr Mahanga is suing them for what he described as 'malicious publication of defamatory articles' against him.

The deputy minister says in the plaint of the suit that Mr Msemakweli convened a press conference on October 18, last year, in Dar es Salaam and told journalists that he was among politicians who are parading fake academic credentials.

Through his advocate, Kennedy Fungamtama, Dr Mahanga, who is also a member of National Executive Committee (NEC) of the ruling Chama Cha Mapinduzi (CCM), stated that Nipashe Newspaper published such defamatory statements by Msemakweli on October 19, last year.

During the press conference, he stated, Msemakweli claimed that the deputy minister was falsely claiming to be a holder of Doctor of Philosophy (PhD) degree. Such statements, according to Dr Mahanga, were defamatory and were tailored to injure his reputation in the society.

For that matter, he claimed, he was entitled to the damages of 3bn/- or as may be assessed by the court, but not less than 200m/-, as the words uttered and reproduced contained false, incorrect and distortions, aimed to tarnish his reputation as a good citizen and reliable person.

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Nadhani labda kesi hii ina mengi zaidi ya yaliyoripotiwa hapa, kama ni haya tu basi Mahanga awe makini sana kwani anaweza kuwa anapanda slippery slope.

Kidonda kimedondoshewa maji ya betri,kitapona tu....hata kama maumivu ni makali.

Wajaluo wengi ni decent people,hawana utapeli kama huyu bwana na ndugu yake wa EALA.
Msemakweli ni tough,ameamua ku fight! Wanaweza kuiibia serikali,lakini huwezi ukaiba elimu watu wa kakuacha!Hata uwe NEC ya CCM

The deputy minister says in the plaint of the suit that Mr Msemakweli convened a press conference on October 18, last year, in Dar es Salaam and told journalists that he was among politicians who are parading fake academic credentials.

Through his advocate, Kennedy Fungamtama, Dr Mahanga, who is also a member of National Executive Committee (NEC) of the ruling Chama Cha Mapinduzi (CCM), stated that Nipashe Newspaper published such defamatory statements by Msemakweli on October 19, last year.

During the press conference, he stated, Msemakweli claimed that the deputy minister was falsely claiming to be a holder of Doctor of Philosophy (PhD) degree. Such statements, according to Dr Mahanga, were defamatory and were tailored to injure his reputation in the society.

For that matter, he claimed, he was entitled to the damages of 3bn/- or as may be assessed by the court, but not less than 200m/-,as the words uttered and reproduced contained false, incorrect and distortions, aimed to tarnish his reputation as a good citizen and reliable person.

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Mimi nilidhani inahusiana na kile kitabu cha Msemakweli, kumbe ni hiyo Press Conference! Naona ataendelea kujiabisha tu!

SMU said:

Mimi nilidhani inahusiana na kile kitabu cha Msemakweli, kumbe ni hiyo Press Conference! Naona ataendelea kujiabisha tu!

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Unajua ndio maana nakubalia na mtu alisema inawezekana hii kesi ikawa ya kuchukua muda ili mambo yaendelee uchaguzi ukiisha jamaa anaondoa kesi yake mahakamani

Mdondoaji said:

Unajua ndio maana nakubalia na mtu alisema inawezekana hii kesi ikawa ya kuchukua muda ili mambo yaendelee uchaguzi ukiisha jamaa anaondoa kesi yake mahakamani

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Hivi kama akiondoa kesi atakuwa amesafisha cheti chake au ndiyo atakuwa amechafuka zaidi anachotakiwa kama ameamua kuyavulia nguo mahakamani lazima ayaoge aangalie asijekimbia bila nguo

During the press conference, he stated, Msemakweli claimed that the deputy minister was falsely claiming to be a holder of Doctor of Philosophy (PhD) degree. Such statements, according to Dr Mahanga, were defamatory and were tailored to injure his reputation in the society.

For that matter, he claimed, he was entitled to the damages of 3bn/- or as may be assessed by the court, but not less than 200m/-,as the words uttered and reproduced contained false, incorrect and distortions, aimed to tarnish his reputation as a good citizen and reliable person.

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Hii kesi naona inakuwa more interesting kwa kuwa kuna mengi ambayo yanaweza kujitokeza.

Mimi si mwana sheria ama mtaalam wa sheria, lakini nina querries chache:

Kwa hiyo Mheshimiwa wetu alijijengea reputation kwa jamii yake kwa kuwa na degree kutoka kwenye chuo kikuu/taasisi fake? Kama taasisi inayotoa PhD hiyo ni fake, basi hata cheti chake nacho ni fake pia. Unawezaje kujenga reputation based on a fake PhD?

Mtu anaweza kudai damages pale ambapo mwajiri/watu/jamii/wapiga kura wake wamekosa imani naye na hivyo anaelekea kupoteza ubunge/kazi aliyokuwa ameipata kwa kutumia hiyo PhD yake.

Hapa tunarudi kwenye hoja ya msingi, je, hiyo PhD aliichukua kwa malengo gani?

Was it for political reasons ili aweze kuwakoga wapiga kura wake kwamba ni msomi aliyebobea na hivyo ana qualify kuwa Mbunge wao? Ama kumvutia JK ili aweze kumpa nafasi ya Uwaziri/Naibu Waziri?

Anaweza kuzi-quantify hizo damages anazozidai?

SMU said:

Mimi nilidhani inahusiana na kile kitabu cha Msemakweli, kumbe ni hiyo Press Conference! Naona ataendelea kujiabisha tu!

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Duh!
SMU, hata mie nilikuwa na wazo hilo hilo, kwamba jamaa analalamikia chapisho la Msemakweli, kumbe analalamikia mkutano na waandishi wa habari!
Kaaazi kweli kweli!