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.

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The Malawi Legal Information Institute (MalawiLII) was launched in 2009 as an online resource that provides free access to the laws of Malawi.

AfricanLII GJU Laws.Africa NED The Indigo Trust Macdonald & Don Associates

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Recent Judgments

31 March 2026
26 March 2026
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
25 March 2026
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)
25 March 2026
25 March 2026
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
25 March 2026
Delay, lack of urgency, prejudice and security concerns defeated applicants' bid to restore discharged interim relief; pre-hearing conference ordered.
Labour law — interim relief — restoration of discharged urgent interim order — delay and lack of urgency; non-appearance of respondent and unadopted opposing papers; prejudice and security considerations at State Residences; case management — pre-hearing conference; possible disposal on point of law
2 March 2026
27 February 2026
20 February 2026
18 February 2026
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