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High Court of Malawi Civil Division - 2025 March

4 judgments
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4 judgments
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Judgment date
March 2025
S (on application of Mwangulube t/a Mwangulube & Company) v Disciplinary Committee of the Malawi Law Society (Judicial Review Cause 5 of 2025) [2025] MWHCCiv 6 (25 March 2025)
Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
 25 March 2025
S (on the application of Malawi Law Society) v Registrar General (as Registrar of Political Parties) (Judicial Review Case 14 of 2022) [2025] MWHCCiv 5 (12 March 2025)
Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
Access to information – political party funding – duty of Registrar to respond – constitutional right of access (s.37) – Political Parties Act s.36 – subsidiary fees and competence of requests – absence of regulations – judicial review of administrative non-response.
 12 March 2025
Vanguard Life Assurance Limited v Enock Jones Kamphonje (Matter Number IRC ZA 01 of 2024; Miscellaneous Civil Case 64 of 2024) [2025] MWHCCiv 16 (12 March 2025)
High Court affirms unfair dismissal but reduces an IRC award, restricting boosting and interest in labour compensation.
Employment law – conversion of fixed-term to indefinite contract – unfair dismissal under sections 28 and 57 of the Employment Act; Labour compensation – judicial discretion under section 63(4) – limits on boosting, inflation adjustments and interest in labour awards; Civil procedure – compliance with pleadings and effect of failure to amend.
 12 March 2025
S (on application of Salimu) v Malawi Law Society (Judicial Review Cause 6 of 2025) [2025] MWHCCiv 4 (11 March 2025)
Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
Administrative law – judicial review – permission to commence – prematurity of review before disciplinary hearing; Legal profession – self-regulation and disciplinary jurisdiction; Constitutional law – section 43 right to procedurally fair administrative action; Professional ethics – personal conduct on social media as conduct bringing profession into discredit.
 11 March 2025