Nelly Mtema, Tanzania Daily News, 15 May 2013
CCM Secretary General Abdulrahman Kinana has demanded both retraction of slander and apology from Iringa Urban MP Reverend Peter Msigwa for alleged defamatory statements against him at a public rally, failure of which he will file a civil suit.
In his demand notice given through his advocate, Mr Eric Ng’maryo, Mr Kinana gave the MP 21 days for the retraction of false allegations he (Msigwa) allegedly made at a public rally in Mwanza on April 21.
“I demand that you apologise to my client in words and terms that leave no doubt as to your retraction, I demand that you do this as upright and honourable people do in civilised societies such as Tanzania,” read summons in part.
According to the notice, the MP allegedly accused Mr Kinana of being an elephant poacher and a criminal dealer in ivory, including illegal transportation and exportation of ivory. Mr Ng’maryo said failure to meet the deadline, Mr Kinana intends to file a civil suit against Mr Msigwa in the High Court of Tanzania “so that his good name is cleared and he will be made liable for the loss and damage you caused him.”
The advocate instructed Mr Msigwa that if he has the courage and moral fibre to do what he demanded then his client shall answer that with decency and magnanimity and will desist from filing the civil suit that he has already prepared against him.
“Take notice and be warned that in the event you fail to carry out my client’s demands as indicated, then the civil suit that shall be filed against you shall bear larger and more numerous claims and you may be liable for the loss and damage caused to my client, together with the costs of the case.
All those could amount to millions of Tanzania shillings,” stated Advocate Ng’maryo. He claimed that the false and malicious utterances issued by Mr Msigwa will be taken as the truth by those who do not know the lies, thus the loss and damage are enormous and continuing.
Mr Kinana further contends that “the false and defamatory statements have disparaged him and lowered him in the estimation of right thinking people. As the alleged defamatory utterances continue to be read and will permanently remain on record in the internet and in other information repositories.”
In the Mwanza speech, according to the advocate’s note, Mr Msigwa promised to take up the subject during his speech in Parliament as Shadow Minister for Natural Resources and Tourism.
“In that publication and in your speeches, you directly and by innuendo, falsely and maliciously accused my client, Ndugu Abdulrahman Kinana, of being an elephant poacher and a criminal dealer in ivory, including illegal transportation and exportation of ivory,” read the demand notice.
The notice pointed out that Reverend Msigwa ‘has no immunity against being sued for defaming Ndugu Kinana in as much as your speech in Parliament was the continuation of your earlier wrongdoing outside of Parliament.”