Cartoonist Kipanya files Sh5 billion defamation suit against Mwijaku

Dar es Salaam. A prominent Tanzanian cartoonist, designer, and popular radio and television personality, Mr Ally Nyomwa, aka Masoud Kipanya (KP), has filed a defamation lawsuit in the High Court of Tanzania (Dar es Salaam Sub-Registry) against Mr Burton Mwemba (Mwijaku).

Kipanya accuses Mwijaku of damaging his reputation and dignity through defamatory written statements on social media.

According to the statement released by Haki Kwanza Advocates, the High Court received and registered the case on August 5, 2024, as Petition No 18911 of 2024. It has been assigned to Judge David Ngunyale, with the hearing scheduled to start on September 3, 2024.

Furthermore, it revealed Mr Mwijaku, the defendant, has been served with a summons to file a written statement of defence and is required to submit his defence within 21 days of receiving the summons.

According to the complaint, Mr Kipanya is suing Mwijaku for defamation related to written statements made on June 4, 2024, on Mwijaku’s Facebook page (ID number 108657908847651) and Instagram account.

The posts contained “false, malicious, and defamatory statements,” including claims that KP is involved in illegal activities that harm many young people in the country.

In his complaint, Mr Masoud Kipanya also notes that Mr Mwijaku wrote on these social media accounts that KP “criticises and humiliates national and government leaders, especially presidents, in exchange for bribes.”

Mr Kipanya asserted that these false and malicious statements, which have been widely read both within Tanzania and internationally, have portrayed him as someone unworthy of respect.

He argued that the accusations suggest he is involved in illegal activities such as drug trafficking, government contraband, or smuggling, rather than his legitimate work in cartooning, broadcasting, design, social advocacy, and board membership in various national and international organisations.

Represented by Haki Kwanza Advocates, known for their expertise in media and human rights issues, Mr Kipanya has outlined 15 elements detailing the implications of Mr Mwijaku’s statements.

These include the perception that KP is “corrupt, a bandit, a fraudster, unreliable, a source of ruined youth lives,” and someone who should not be involved in social matters or given opportunities by government institutions, particularly in youth education and development.

“Due to the defamatory statements by Mr Burton Mwijaku, who admitted to making these statements to the media on June 13, 2024, and apologised without taking steps to formally clear Mr Masoud Kipanya’s name, KP has suffered significant impacts. These include damage to his employment, business, relationships within the Tanzanian community, psychological harm, and a loss of the reputation and respect he has built over 35 years,” reads part of the statement.

However, Mr Kipanya is requesting the court to order Mr Mwijaku to provide twelve remedies, including compensation for specific damages proven in court, amounting to Sh500 million , and general damages to be assessed and approved by the court, amounting to Sh5 billion.

KP is also seeking punitive damages and that the compensation for specific damages includes interest at a rate of 31 percent from the date of the defamation, June 4, 2024, until the judgement is fully executed.

Additionally, Mr Kipanya requested that the court declare that the statements made and distributed by Mr Mwijaku were false, malicious, and damaging to his reputation and dignity.

The court should order Mr Mwijaku to issue an unconditional apology and remove the defamatory statements from online platforms.

“The court should also mandate that Mr Burton Mwijaku, his agents, assistants, and anyone under his authority cease distributing these false and defamatory statements. Mr Kipanya is also seeking reimbursement for legal costs, including those for hiring lawyers, and any other reliefs the court deems fair and appropriate,” read another part of the statement.