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11 judgments

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11 judgments


December 2024
Admarc Limited v Alex Malikebu and 3281 Others (Miscellaneous Civil Cause Number 91 of 2024) [2024] MWHC 74 (23 December 2024) Whether a stay pending appeal should be granted where employer alleges appeal merits but cites financial incapacity. Labour law — stay of execution pending appeal — criteria for granting stay (prima facie merits, nugatory appeal, prejudice) — unfair dismissal — retrenchment — consultation — ultra vires ministerial action — financial incapacity not determinative.	23 December 2024
Amaan Investments v Huawei Technologies (Blantyre) Co. Ltd (Commercial Cause 36 of 2024) [2024] MWHC 77 (18 December 2024)	18 December 2024
Attorney General v Joshua Chisa Mbele (Constitutional Referral No. 2 OF 2024; Criminal Case No. 43 of 2022) [2024] MWHC 76 (17 December 2024) A defendant who refers a constitutional challenge becomes the claimant; the Attorney General remains a neutral constitutional advisor. Constitutional law — Constitutional referrals — Whether Attorney General should be claimant where lower court certifies referral — Role of AG as neutral custodian of the Constitution — Burden of proof — Presumption of constitutionality and onus on party challenging legislation Civil procedure — Order 19 CPR — Commencement and citation of constitutional proceedings — Party who moves the court should be claimant	17 December 2024
Chiwala v Attorney General (Ministry of Agriculture) (IRC MATTER NUMBER 935 OF 2021) [2024] MWIRC 17 (17 December 2024) Applicant unfairly dismissed; court awarded MK45,008,542.95 for withheld pay, unfair dismissal, unfair labour practices, severance, gratuity and pension loss. Employment Law — Unfair Dismissal — Whether dismissal without written reasons or hearing was unfair and effect on length of service — Unfair Labour Practices — Failure to facilitate transfer (transport) and discriminatory treatment — Damages for non-pecuniary and pecuniary loss	17 December 2024
Phiri v Phiri (Civil Appeal No. 10 of 2022 (Being High Court of Malawi, Lilongwe District Registry, Matrimonial Cause No. 259 of 2015)) [2024] MWHC 62 (17 December 2024) Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis. Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.	17 December 2024
R v Kapanga (Criminal Case 8 of 2023) [2024] MWHCCrim 9 (17 December 2024) Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act. Electronic Transactions and Cyber Security Act — Section 96(1) — "may" versus "shall" — permissive complaint procedure — role and powers of cyber inspector — whether complaint/assessment is mandatory precondition to prosecution — effect of non‑compliance on validity of charges.	17 December 2024
Sozinyo v Registered Trustees Of Mzuzu Diocese (IRC MATTER NUMBER 240 OF 2020) [2024] MWIRC 20 (10 December 2024) Fixed‑term contract expired lawfully; administrative delay in promotion notification did not amount to unfair dismissal or unfair labour practices. Labour Law — Termination — Fixed‑term contract expiry by effluxion of time — Section 28(2) Employment Act — Procedural Fairness — Notice of non‑renewal — Verbal communication followed by written confirmation — Unfair Labour Practices — Promotion notification and payroll deletion — Administrative delay without bad faith	10 December 2024
Masiyano v In The Matter of The Legal Education and Legal Practitioners (59 of 2024) [2024] MWHCCiv 18 (6 December 2024) Whether recognising foreign law degrees with lower entry standards violates constitutional equality and education standards; referral to the Chief Justice. Constitutional law — education standards — recognition of foreign qualifications — discrimination and equality (Sections 25, 13, 20) — NCHE and CLE powers — constitutional interpretation by registrars — Section 9(2) Courts Act referral to a panel of judges.	6 December 2024
Khoza and 9 Others v Council Of Kamuzu University Of Health Sciences (IRC Matter Number 1169 of 2022) [2024] MWIRC 16 (3 December 2024) Claim for 100% top‑ups denied; applicants entitled to proportionate adjustments, devaluation, interest and nominal damages. Labour Law — Remuneration — Campus top‑up allowances and alleged unequal pay for work of equal value — Workload‑based differentiation justified by policy and pre‑merger terms Employment Law — Equal Remuneration — Proof required to show comparable workload and entitlement to identical top‑ups — Employment Act s6; Constitution s31	3 December 2024
Malikebu & 3281 Others v (IRC MATTER 554 of 2023) [2024] MWHC 58 (3 December 2024) Court granted a conditional stay pending appeal but required the respondent to pay 50% of each decretal award immediately. Industrial/Employment law — stay of execution pending appeal — onus on party seeking suspension — necessity for cogent evidence of impecuniosity or risk of appeal being rendered nugatory — balancing justice between parties — conditional stay by requiring substantial interim payments.	3 December 2024
Thomas v Oil and Protein Company Limited (IRC MATTER NUMBER 492 OF 2016) [2024] MWIRC 15 (3 December 2024) Dismissal was procedurally and substantively unfair; employer must pay unpaid pension contributions and cannot enforce alleged loan. Employment Law — Unfair Dismissal — Procedural and Substantive Fairness — Employment Act ss 57(1)–(2), 62(1) — Pension Contributions — Employer’s Duty to Remit — Pension Act ss 9, 12 — Employer Counterclaim — Proof of Loan and Offsetting Awards — Necessity of Written Agreement and Recovery Evidence	3 December 2024