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High Court of Malawi - 2025 April

3 judgments
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3 judgments
April 2025
Kabambe v Nyasulu & The Director of Public Prosecutions (Judicial Review 2 of 2025) [2025] MWHC 12 (28 April 2025)
Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
  • Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
28 April 2025
Msyali v Malawi Housing Corporation (IRC MATTER 99 of 2024) [2025] MWHC 11 (25 April 2025)
Accrued annual leave cannot be forfeited; employer must pay untaken earned leave on termination.
  • Employment law — Annual leave — Employer’s duty to grant leave; employee’s duty to take leave — No statutory forfeiture of accrued earned leave — Contractual clauses purporting to forfeit accrued leave void — Entitlement to payment for accrued untaken leave on termination (sections 44 and 45, Employment Act).
25 April 2025
Macsteel Company Limited v Chakumwa (Civil Appeal 17 of 2022) [2025] MWHC 13 (4 April 2025)
The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
  • Employment law — Unfair/constructive dismissal — Assessment of compensation — Sections 63(4) and 63(5) Employment Act — Immediate loss and future loss — Pleading standards in Industrial Relations Court — Statutory severance allowance (s35).
4 April 2025