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High Court of Malawi Civil Division - 2023 December

4 judgments
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4 judgments
Citation
Judgment date
December 2023
Mumba v Opportunity International Bank of Malawi (Civil Cause 49 of 2016) [2023] MWHCCiv 9 (15 December 2023)
Stay pending appeal continued because impecuniosity was not proven and only quantum was under appeal.
Civil procedure – Stay of execution pending appeal – Appeal concerned only quantum – Burden on applicant to prove appeal would be nugatory by demonstrating impecuniosity at time of application – Procedural non-compliance with issuance formalities distinguished where court had previously fixed hearing date.
 15 December 2023
Edna Nyirenda & five others v Medical AID of Malawi (IRC MATTER 632 of 2020) [2023] MWHCCiv 18 (4 December 2023)
Court awarded two months’ pay per year plus statutory severance, included certain fringe benefits, and ordered refunds and a 10% devaluation boost.
Employment law – unfair dismissal – assessment of compensation – application of s.63(4) and (5) Employment Act – duration of service as primary factor; wages definition – inclusion of fringe benefits (airtime, milk, sugar, fuel, housing) and exclusion of employer pension/medical contributions for severance; mitigation of loss not applied as statutory requirement; failure to lead evidence precludes assessment of salary arrears.
 4 December 2023
S (on application by RAISE 1996 (Private) Ltd v Malawi Communications Regulatory Authority (Judicial Review Cause 1 of 2023) [2023] MWHCCiv 44 (1 December 2023)
Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
Communications law – Tariff regulation (s.74(1)) – Distinction between subscription broadcasting and subscription management services – Scope of licence – Ultra vires review – Delegation to committees (s.15) – Procedural fairness of regulatory enforcement hearing.
 1 December 2023
Thomson & 53 others v Telekom Networks Malawi PLC (IRC Appeal 9 of 2023) [2023] MWHCCiv 8 (1 December 2023)
The applicants’ non-consultation before redundancy violated fair labour practices; the SCA precedent was held per incuriam.
Labour law – Retrenchment/redundancy – Requirement to consult employees – Fair labour practices (Constitution s31) – Employment Act s57 and s61(2) – ILO Convention 158 (arts 13–14) – Per incuriam decision (Mkaka One) – Remedy: compensation assessment.
 1 December 2023