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.
The Malawi Legal Information Institute (MalawiLII) was launched in 2009 as an online resource that provides free access to the laws of Malawi.
Recent Judgments
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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
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25 March 2026 |
| 27 February 2026 | |
| 20 February 2026 | |
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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.
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16 February 2026 |
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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.
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12 February 2026 |
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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.
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29 January 2026 |
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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.
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29 January 2026 |
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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.
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27 January 2026 |
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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.
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23 January 2026 |
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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.
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22 January 2026 |
Recent Legislation
| Practice Direction 1 of 2026 | 23 February 2026 | |
| Government Notice 3 of 2026 | 9 January 2026 | |
| Government Notice 2 of 2026 | 9 January 2026 | |
| Government Notice 9 of 2026 | 9 January 2026 | |
| Government Notice 6 of 2026 | 9 January 2026 | |
| Government Notice 5 of 2026 | 9 January 2026 | |
| Government Notice 8 of 2026 | 9 January 2026 | |
| Government Notice 4 of 2026 | 9 January 2026 | |
| Corrigendum CORRIGENDUM of 2026 | 9 January 2026 | |
| Act 34 of 2025 | 30 December 2025 |
Recent Gazettes
| 9 January 2026 | |
| 2 January 2026 | |
| 30 December 2025 | |
| 14 November 2025 | |
| 14 November 2025 |
Courts
Superior Courts
- High Court of Malawi
- High Court of Malawi Civil Division
- High Court of Malawi Commercial Division
- High Court of Malawi Criminal Division
- High Court of Malawi Family and Probate Division
- High Court of Malawi Financial Crimes Division
- High Court of Malawi Revenue Division
- Industrial Relations Court of Malawi
- Malawi Supreme Court of Appeal
- Senior Resident Magistrate Court Lilongwe
Traditional Courts
Collections
Case indexes
Election Documents
Water and sanitation
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