Welcome to Malawi Legal Information Institute
Free access to the law of Malawi. MalawiLII is a member of the community of African LIIs and of the Free Access to Law Movement.
The Malawi Legal Information Institute (MalawiLII) was launched in 2009 as an online resource that provides free access to the laws of Malawi.
Recent Judgments
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Statutory procedures must be followed to challenge freezing/restriction orders; defective CPR filings are rejected.
Civil procedure – Commencement of action – Summons (Specially Endorsed) vs "Statement of Case"; Statutory procedure – Financial Crimes Act and Corrupt Practices Act — remedies for freezing directives and restriction notices; Interlocutory applications – notice and signature requirements; Registry jurisdiction (Lilongwe v Blantyre)
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2 April 2026 |
| 31 March 2026 | |
| 26 March 2026 | |
| 26 March 2026 | |
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Applicant unfairly dismissed due to procedural ambush and absence of documentary evidence supporting alleged misconduct.
Employment law – unfair dismissal – procedural fairness: right to know particulars and evidence – substantive fairness: need for documentary proof in stock/reconciliation disputes – burden on employer to justify dismissal
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25 March 2026 |
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The court declined to assess the applicant's compensation because the deputy chairperson's award was unreasoned and legally defective.
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25 March 2026 |
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Overtime claims predating 7 September 2016 dismissed as statute-barred; only 2016–2022 period survives.
Limitation law – section 4(1)(a) Limitation Act – contractual causes accrue at breach; continuing-breach doctrine not recognised in Malawian Limitation Act; period of six years applies to contract claims; pleadings – requirement of clarity and particularity in IRC proceedings; strike-out or amendment remedies available
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25 March 2026 |
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Redundancy dismissals without meaningful consultation are unfair; affected employees are entitled to compensation.
Labour law – redundancy and operational requirements – duty to consult – fairness and equity in retrenchments – evidential burden on employer to show consultation and objective selection criteria – entitlement to compensation under s63(1)(c)
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25 March 2026 |
| 25 March 2026 | |
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A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction.
Employment law – fixed-term contract – termination by effluxion of time – tacit renewal; withholding of terminal benefits – Employment Act ss 52 & 56 – permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency
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25 March 2026 |
Recent Legislation
| Practice Direction 1 of 2026 | 23 February 2026 | |
| Government Notice 3 of 2026 | 9 January 2026 | |
| Government Notice 2 of 2026 | 9 January 2026 | |
| Government Notice 9 of 2026 | 9 January 2026 | |
| Government Notice 6 of 2026 | 9 January 2026 | |
| Government Notice 5 of 2026 | 9 January 2026 | |
| Government Notice 8 of 2026 | 9 January 2026 | |
| Government Notice 4 of 2026 | 9 January 2026 | |
| Corrigendum CORRIGENDUM of 2026 | 9 January 2026 | |
| Act 34 of 2025 | 30 December 2025 |
Recent Gazettes
| 9 January 2026 | |
| 2 January 2026 | |
| 30 December 2025 | |
| 14 November 2025 | |
| 14 November 2025 |
Courts
Superior Courts
- High Court of Malawi
- High Court of Malawi Civil Division
- High Court of Malawi Commercial Division
- High Court of Malawi Criminal Division
- High Court of Malawi Family and Probate Division
- High Court of Malawi Financial Crimes Division
- High Court of Malawi Revenue Division
- Industrial Relations Court of Malawi
- Malawi Supreme Court of Appeal
- Senior Resident Magistrate Court Lilongwe
Traditional Courts
Collections
Case indexes
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