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Results. 5,308 judgments found.

11 June 2026
4 June 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
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
27 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
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
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
20 May 2026
Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
  • Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
  • Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
  • Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
19 May 2026
High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
  • Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
  • Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
19 May 2026
18 May 2026
15 May 2026
15 May 2026
15 May 2026
Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
  • Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
15 May 2026
15 May 2026
13 May 2026
Court vacated interlocutory stay challenging DPP discontinuation, finding no risk of irreparable harm to preserve the appeal.
  • Constitutional law — Prosecutorial discretion — Whether the Director of Public Prosecutions is bound by recommendations of the Legal Affairs Committee of Parliament
  • Civil procedure
    • — Judicial review — Leave to apply for judicial review and discharge of leave — Whether a negative order discharging leave necessitates a stay of execution
    • — Stay of execution — Discretionary relief — Requirement to show risk of irreparable harm or that appeal would be rendered nugatory
13 May 2026
13 May 2026
13 May 2026
SCA may hear stay pending High Court appeal and substituted a MK200,000,000 bank guarantee for 75% upfront payment.
  • Civil procedure — Stay of execution — Stay pending appeal — Jurisdiction of Supreme Court to entertain stay applications concurrent with High Court — Protection of interests where large awards involved
  • Constitutional law — Access to courts and equality — Right to effective remedy and non-discrimination — Limits on jurisdictional exclusion of applicants
12 May 2026
11 May 2026
Employer held vicariously liable for senior employees' sexual harassment; damages reduced for claimant’s contributory factors.
  • Employment law — Vicarious liability — Sexual harassment by senior employees — Employer’s duty to take reasonable preventive measures
  • Civil damages — Assessment of damages for sexual assault — Reduction where claimant’s conduct and evidentiary gaps affect quantum
11 May 2026
8 May 2026
Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
  • Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
  • Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
8 May 2026
IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
  • Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
  • Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
  • Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
8 May 2026
Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
  • Constitutional law
    • — Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
    • — Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
  • Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
8 May 2026
Production of official electoral documents raises a prima facie case, shifting evidential burden to the electoral commission; failure to explain irregularities voids the election.
  • Electoral law
    • — Evidence — Burden of proof as to authenticity of statutory electoral documents — Production of Form 18B raises prima facie case and shifts evidential burden to electoral commission
    • — Conduct of elections — Recording and authentication requirements — Irregularities affecting figures/words and signatures vitiate election — Elections Act s101(3)(b)
28 April 2026