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Malawi Case Law

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Employment law

Susan Bizwick v Speedy's Food Industries Limited

The Industrial Relations Court held that Susan Bizwick was unfairly dismissed by Speedy’s Food Industries Limited after it failed to prove a valid reason or hold a disciplinary hearing.

  • Unfair dismissal
  • Procedural fairness
  • Substantive fairness
  • Right to be heard
  • Burden of proof
  • Remedies assessment
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Administrative law [2022] MWHC 91

S(on the application of Rainbow Television) v Malawi Community Regulatory Authority

S(on the application of Rainbow Television) v Malawi Community Regulatory Authority (Judicial Review 21 of 2022) [2022] MWHC 91 (8 July 2022)

The High Court declined permission for judicial review, holding the licence had been revoked for non-payment and there was no subsisting licence to renew.

  • Judicial review
  • Licence renewal
  • Legitimate expectation
  • Right to be heard
  • Failure to communicate decision
  • Judicial-review
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Administrative law [2022] MWHC 88

Mapeto DWSM Limited v Commissioner of Malawi Revenue Authority

Mapeto DWSM Limited v Commissioner of Malawi Revenue Authority (Judicial Review Cause 4 of 2022) [2022] MWHC 88 (31 May 2022)

The High Court granted leave for judicial review over cancellation of an industrial rebate, but refused an interlocutory injunction and ordered each party to bear its own costs.

  • Judicial review
  • Right to be heard
  • Industrial rebate scheme
  • Customs and excise
  • Legitimate expectation
  • Judicial-review
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Land law [2022] MWHC 205

Jana v Chidziwe & Hussein (Appeal Case 24 of 2021)

Jana v Chidziwe & Hussein (Appeal Case 24 of 2021) [2022] MWHC 205 (22 March 2022)

The High Court allowed a land appeal after finding the magistrate decided compensation without hearing the parties on the proper remedy.

  • Compensation
  • Right to be heard
  • Remedies in land disputes
  • Land-law
  • Civil-appeals
  • Natural-justice
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Land law [2022] MWHC 194

Jana v Chidziwe and Hussein (Appeal Case 24 of 2021)

Jana v Chidziwe and Hussein (Appeal Case 24 of 2021) [2022] MWHC 194 (22 March 2022)

The High Court allowed an appeal in a land dispute, setting aside a compensation order made without hearing the parties on the appropriate remedy.

  • Compensation
  • Right to be heard
  • Remedies in land disputes
  • Land-law
  • Civil-procedure
  • Right-to-be-heard
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Legal profession regulation [2022] MWHC 18

Jassani and Others v Telekom Networks (MW) Limited

Jassani and Others v Telekom Networks (MW) Limited (Civil Appeal 7 of 2008; IRC Matter 154 of 2006) [2022] MWHC 18 (8 February 2022)

The court is functus officio, having exercised its statutory function in 2016 after providing reasonable opportunity to be heard and making a final determination. It cannot reopen or reconsider the matter in 2022.

  • Disciplinary proceedings
  • Functus officio
  • Right to be heard
  • Jurisdiction of court
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Administrative law [2021] MWHC 265

S (on application of Africa Fertilizers Limited) v Malawi Bureau of Standards

S (on application of Africa Fertilizers Limited) v Malawi Bureau of Standards (Civil Review Cause 19 of 2021) [2021] MWHC 265 (9 December 2021)

The Defendant violated the principles of natural justice and section 43 of the Constitution by issuing the recall and re-export order without affording the Claimant an opportunity to be heard. Such procedural impropriety renders the order void.

  • Natural justice
  • Procedural fairness
  • Judicial review
  • Right to be heard
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Administrative law [2021] MWHC 192

S (on application of Africa Fertilizers Limited) v Malawi Bureau of Standards

S (on application of Africa Fertilizers Limited) v Malawi Bureau of Standards (Civil Review Cause 19 of 2021) [2021] MWHC 192 (9 December 2021)

The Defendant's failure to accord the Claimant an opportunity to be heard before issuing the recall and re-export order violated principles of natural justice and section 43 of the Constitution, rendering the order procedurally improper, unreasonable, and unconstitutional.

  • Natural justice
  • Procedural fairness
  • Judicial review
  • Right to be heard
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Employment law [2020] MWIRC 1

Kaunda v Registered Trustees of Karonga Diocese (MATTER NUMBER IRC 6 of 2018)

Kaunda v Registered Trustees of Karonga Diocese (MATTER NUMBER IRC 6 of 2018) [2020] MWIRC 1 (19 May 2020)

The applicant was unfairly dismissed because the respondent failed to provide adequate notice, opportunity to prepare a defence, or an impartial hearing, violating section 57(2) of the Employment Act and principles of natural justice.

  • Unfair dismissal
  • Procedural fairness
  • Right to be heard
  • Severance allowance
  • Notice pay
  • Pension
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Labour law [2019] MWIRC 16

Zikhole v Blantyre Water Board (IRC MATTER 117 of 2017)

Zikhole v Blantyre Water Board (IRC MATTER 117 of 2017) [2019] MWIRC 16 (10 December 2019)

The Industrial Relations Court held that Vision Zikhole was unfairly dismissed because, although the reason was valid, he was denied a fair hearing.

  • Unfair dismissal
  • Right to be heard
  • Procedural fairness
  • Severance allowance
  • Unfair-dismissal
  • Procedural-fairness
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About this LexChat collection

Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.