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Musaazi NAMITI


DEFAMATION: Mr Mwenda called herbalist Ssenfuka a conman but apologised in a subsequent article

The lawyer representing herbalist David Ssenfuka says he will proceed with a defamation suit against political commentator Andrew Mwenda, seeking $300m (shs1.11tn) in damages, nearly two weeks after serving a notice of intention to sue.

Ronald Kiggundu, the founding and managing partner of Onyx Advocates, told OJ-UGANDA that his client had strong grounds to sue Mr Mwenda, who wrote an opinion article in the Independent magazine in which he described Mr Ssenfuka as a “conman”. Mr Mwenda is the founder of the magazine.

“It is a defamation case. Our client was defamed. He was called a conman, yet he is not,” Mr Kiggundu said in a phone interview, stressing that Mr Ssenfuka had treated patients suffering from diabetes, and that they had given testimonies of his herbal medicine being effective.

Mr Kiggundu said the notice of intention to sue had been delivered to Mr Mwenda’s office and sent to his WhatsApp number. He said the firm would proceed with filing the suit even if no response was received but did not indicate when the case would be filed.

Mr Mwenda did not respond to a request asking him to clarify his position on the matter, including whether he intends to respond to the notice.

In the April opinion article, he wrote that Mr Ssenfuka had met with President Yoweri Museveni and proposed that the government give him capital worth $1bn (shs3.69tn) to build a world-class pharmaceutical plant in Uganda to produce cancer and diabetes medicine.

“I have talked to the people who know him, and without exception, they have told me that he is actually a conman,” Mr Mwenda wrote.

“Besides, they have added, this great Senfuka is, in fact, not an educated man; he has perhaps completed primary school only. But like all conmen, he has great wit and knows best how to sell stuff.”

The article, titled “When old age strikes a leader”, was shared widely on social media and argued that some entrepreneurs were taking advantage of the president because of his advanced age. Mr Museveni is 82.

Asked wheher his client was willing to settle out of court if the suit is filed, Mr Kiggundu said it would depend on whether Mr Mwenda showed remorse.

Last May, President Museveni responded to Mr Mwenda’s article and said that despite being branded senile, he was still able to defend Uganda and himself “with the Bible, the AK-47 and the pen”.

In a subsequent article responding to the president, Mr Mwenda apologised to Mr Ssenfuka for referring to him as a conman.

Mr Ssenfuka has previously received favourable media coverage. The Daily Monitor and The Observer have published reports featuring patients who said his herbal treatment improved their condition, although those accounts do not establish the efficacy of the treatment.

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