Welcome to Malawi Legal Information Institute

Free access to the law of Malawi. MalawiLII is a member of the community of African LIIs and of the Free Access to Law Movement.

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The Malawi Legal Information Institute (MalawiLII) was launched in 2009 as an online resource that provides free access to the laws of Malawi.

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Recent Judgments

A fixed-term contract ended on its date; withholding the applicant’s terminal benefits was unlawful absent a statutory deduction.
Employment law – fixed-term contract – termination by effluxion of time – tacit renewal; withholding of terminal benefits – Employment Act ss 52 & 56 – permissible deductions limited to restitution for property damaged by employee; procedural fairness and adequacy of disciplinary findings; criminal acquittal corroborating civil/disciplinary insufficiency
25 March 2026
27 February 2026
20 February 2026
An Ombudsman may investigate anonymous whistle‑blower complaints and lawfully construe statutory qualification requirements in recruitment.
Ombudsman jurisdiction – anonymous complaints and whistle‑blower protection (s12A); maladministration in public recruitment; statutory interpretation of qualifications (s6(5) Corrupt Practices Act); separation of powers and administrative oversight.
16 February 2026
Whether the Chief Secretary lawfully seconded senior military officers — judicial review, s43 fairness and Public Service Act deployment rules.
Judicial review — amenability of executive actions; administrative justice — s43 right to lawful and procedurally fair administrative action and reasons; ultra vires and Wednesbury unreasonableness — Public Service Act (s10) deployment requirements; separation of powers — High Court jurisdiction under s108(2); duty of candour in judicial review.
12 February 2026
High Court remitted a medical disciplinary case for fresh inquiry due to an incomplete and inadequate record.
Medical disciplinary proceedings — statutory requirement to record proceedings and reasons (s48(5) Medical Practitioners and Dentists Act) — incomplete/inconsistent record — adequacy of minutes vs verbatim record — appellate review limited by deficient record — referral for fresh inquiry — issues of informed consent, negligence and gross incompetence considered but not determined on merits.
29 January 2026
Court holds domestic jurisdiction prevails; fresh arbitration and foreign proceedings restrained as abuse of process.
Commercial law – arbitration clause – stay of proceedings – section 6(1) Arbitration Act – jurisdiction after Supreme Court of Appeal order – anti-suit injunction – forum shopping – competence of procedural application under CPR 2017.
29 January 2026
An arbitration clause expressly excluding the escrow agent prevents the applicant from obtaining a stay pending arbitration.
Arbitration — Stay of proceedings under s.6 Arbitration Act — Arbitration clause in escrow agreement — Clause expressly excluding escrow agent — Interpretation of exclusion clause — Readiness and willingness to arbitrate required as evidentiary burden.
27 January 2026
Airline's refusal to carry a disabled child without lawful or reasonable justification amounted to discrimination and violated dignity.
Disability discrimination in air carriage; reasonable accommodation and medical clearance; Chicago Convention Annex 9; right to equality and dignity; general (not punitive) damages awarded.
23 January 2026
Regulator lawfully conducted inquiry and later disciplinary hearing; ad hoc committee and concurrent criminal proceedings were permissible.
Administrative law — statutory interpretation of regulatory disciplinary powers — sections 17, 36 and 37 read together; delegation to committees and use of ad hoc panels permissible; distinction between inquiry and disciplinary hearing; concurrent criminal and disciplinary proceedings not per se unreasonable.
22 January 2026
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