Malawi Broadcasting Corporation (MBC) and Football Association of Malawi (FAM) have reached an out-of-court settlement on a television rights case.

The development means the public broadcaster will be accessing both international and domestic matches at specified fees.

The agreement marks an end to a two-year-old court case in which the public broadcaster through its lawyers Makiyi Kanyenda & Associates asked the High Court of Malawi to stop Mibawa Studios or any other company from being content producers for FAM’s Mpira Television.

MBC sued FAM after the association opted to engage Mibawa only as content producers despite the public broadcaster emerging joint successful bidder and being notified on the same.

According to court documents, claimants’ lawyers Makiyi Kanyenda & Associates and defendants’ lawyers Nyirenda & Msisha have sorted the matter out of court and agreed that MBC should access international matches for the Flames at K2 million while international friendly matches and junior national football team matches will be at K1.5 million.

Nyamilandu: We are pleased

The two sides have also agreed that MBC should acquire rights for domestic derby matches at K2 million while any other domestic matches organised by FAM will be at K1.5 million.

The court consent order, signed by both lawyers and High Court registrar, reads: “MBC shall seven days prior to undertaking the broadcasting of any of the football pay to FAM the amounts specified against each category of matches in the table.

“The broadcasting of the football matches by MBC shall strictly be only on the free-to-air platform. The rights and obligations in relation to the TV broadcasting of the football matches shall apply only for and during the 2022-2023 football seasons.”

However, this only applies to matches under FAM and MBC is at liberty to agree terms of broadcast rights for Super League matches with Sulom.

The out-of-court settlement also means MBC has withdrawn a contempt of court case against FAM.

The consent order further reads: “By consent it is ordered that the parties having agreed to the terms of settlement set forth in the schedule hereto all further proceedings in this matter including the contempt of court proceedings against the defendant shall be permanently withdrawn and discontinued.”

Makiyi, Kanyenda & Associates managing partner David Kanyenda in an interview said the issue is now water under the bridge.

He said: “The parties have agreed to the terms of the consent order. MBC and FAM agreed to settle the case on those terms.”

FAM president Walter Nyamilandu said the association was relieved that the case was now over.

He said: “We are pleased that finally the misunderstandings with MBC have been resolved amicably.

“We appreciate the cooperation and collaboration that the director general of MBC has demonstrated to settle this matter out of court.

“This will play a great part in commercialising football through the broadcasting of football matches on TV.

“We look forward to opening a new chapter of digitisation by forging a cordial relationship with MBC, who is one of the instrumental stakeholders.”

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