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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.

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Recent Judgments

Dr. Wakisa Simukonda t/a Horizon Building & Civil Engineering Contractors v Oxfam in Malawi (Commercial Cause 54 of 2026) [2026] MWHC 39 (11 June 2026)	11 June 2026
Jamil Bedwin Nkhata & 40 Others v Peter Kibonge Banda & Others (Commercial Case 123 of 2026) [2026] MWCommC 8 (4 June 2026)	4 June 2026
National Bank of Malawi PLC v Cecilia Kuluwani (Being Matter No. IRC PR 488 of 2015; Civil Appeal 14 of 2025) [2026] MWHCCiv 16 (29 May 2026) Employer must afford accused employees chance to confront accusers; compensation uses wage at dismissal, not a 'boosted' rate. Employment Law — Disciplinary Proceedings — Right to confront accusers — Employer duty to afford opportunity to cross‑examine (Employment Act ss 57, 61(2)) — Unfair Dismissal — Assessment of compensation — "Wage" means wage at time of dismissal; boosting is an exception Civil Procedure — Execution pending appeal — Wrongful execution where stay conditions met — Refund of sheriff fees	29 May 2026
Rt. Reverend Dr. John Watt Taylor v Charles Samson Maseko & Another (Land Case 86 of 2024) [2026] MWHCCiv 18 (29 May 2026)	29 May 2026
The State (on the Application of Basitole Dalison Makwalu) v President Of The Republic Of Malawi & Another (Judicial Review Cause 49 of 2020) [2026] MWHCCiv 15 (29 May 2026) No valid presidential appointment or reinstatement was proved; unsigned communications do not constitute lawful presidential decisions. Constitutional Law — Administrative Justice — Requirement to give written reasons and lawful administrative action — Constitution s43 — Chiefs Appointments and Removals — Presidential decisions must be in writing under signature — Constitution s90; Chiefs Act ss4,11,12	29 May 2026
Francis Chasimpha v Council of Kamuzu College of Health Sciences (Commercial Case 218 of 2025) [2026] MWCommC 7 (27 May 2026)	27 May 2026
Prima Fuels Limited and The Attorney General (Ministry of Finance and Economic Affairs) v Total Energies Marketing Malawi Limited and Another (Commercial Cause 259 of 2019) [2026] MWCommC 5 (25 May 2026) Court refused defendant’s very late application to introduce new illegality and public‑policy defences as unduly prejudicial. Civil procedure — Amendment of statement of case — Post-closure amendments — Discretionary permission; prejudice and remedyability (Order 7 r 23 CPR 2017) — Late amendment — Introduction of new defences (illegality/ex turpi causa and treaty breach) — Requirement for convincing explanation and avoidance of undue prejudice Case management — Trial timetable and public interest — Protection of court resources and other court users from unjustified delay	25 May 2026
The State (on application of Chikumbutso Mkwamba) v Disciplinary Committee of the Malawi Law Society (Judicial Review Cause 48 of 2025) [2026] MWHCCiv 19 (21 May 2026) Rules jointly promulgated by the Society and Committee were ultra vires; committee lost jurisdiction after statutory time limit expired. Administrative Law — Delegated Legislation and Disciplinary Procedure — Validity of rules made jointly by Society and Disciplinary Committee — Whether rules are ultra vires and require gazetting/laying before Parliament — LELPA ss 73, 94, 95; Constitution s58; General Interpretation Act s17	21 May 2026
The State (On Application of Chikumbutso Mkwamba) v Disciplinary Committee Of The Malawi Law Society (Judicial Review 48 of 2025) [2026] MWHCCiv 11 (21 May 2026) Whether the respondent lost jurisdiction by deciding after statutory time limits and whether its rules were ultra vires. Administrative law — Rule‑making and ultra vires — Division of rule‑making powers between Society and Disciplinary Committee — Legal Education and Legal Practitioners Act ss 73, 94 Disciplinary procedure — Time limits and jurisdiction — Whether Disciplinary Committee loses jurisdiction after expiry of statutory 90/120 days — LELPA s 95	21 May 2026
George Charles Zulu v Alfred Ruwan Gangata & Another (Election Cause 95 of 2025) [2026] MWHCCiv 12 (20 May 2026)	20 May 2026

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Recent Legislation

Road Traffic (Registration and Licensing) (Amendment) Regulations, 2026	Government Notice 28 of 2026	10 April 2026
Competition and Fair Trading Regulations, 2026	Government Notice 27 of 2026	10 April 2026
Customs and Excise (Amendment) (No. 2) Regulations, 2026	Government Notice 24 of 2026	27 February 2026
Customs and Excise (Tariffs) (Amendment) (No. 2) Order, 2026	Government Notice 23 of 2026	27 February 2026
Practice Direction 1 of 2026: Handling of Plea Bargaining in Prison Camp Courts	Practice Direction 1 of 2026	23 February 2026
Financial Services (Licensing and Operating Requirements for Stock Exchanges) Directive, 2026	Government Notice 17 of 2026	20 February 2026
Regional and District Boundaries and Place Names (Alteration of Place Names) Order, 2026	Government Notice 22 of 2026	20 February 2026
Financial Services (Record Keeping Requirements for Securities Market Players) Directive, 2026	Government Notice 15 of 2026	20 February 2026
Courts (Subordinate Court) (Amendment) Rules, 2026	Government Notice 20 of 2026	20 February 2026
Courts (High Court) (Civil Procedure) (Amendment) Rules, 2026	Government Notice 21 of 2026	20 February 2026

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Recent Gazettes

Malawi Government Gazette supplement dated 2026-04-10 number 8A	10 April 2026
Malawi Government Gazette dated 2026-03-27 number 16	27 March 2026
Malawi Government Gazette dated 2026-03-27 number 15	27 March 2026
Malawi Government Gazette dated 2026-03-20 number 14	20 March 2026
Malawi Government Gazette dated 2026-03-13 number 13	13 March 2026

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