1 minute
The High Court Civil Division in Blantyre has discharged permission for Judicial Review previously granted to former Electricity Supply Corporation of Malawi (ESCOM) chief executive officer, Kamkwamba Kumwenda, and former human resource and administration director, Chrispin Banda. The two had challenged the government’s decision to redeploy them.
Delivering his ruling, Justice Allan Hans Muhome stated: “The law has carefully designed specialised courts to deal with labour matters, and the High Court should not be inundated with such cases at first instance. It is the conclusion of this Court that the Claimants have an alternative and effective remedy in the Industrial Relations Court (IRC). In view of the foregoing, the permission granted for Judicial Review is hereby discharged, and each party shall bear their own costs.”
Attorney General (AG) Honourable Frank Mbeta had earlier argued that Kumwenda suppressed material facts by pursuing a K1.1 billion settlement while simultaneously seeking judicial review. He further contended that the matter falls under private employment law and is, therefore, not amenable to judicial review proceedings. He urged the Court to refer the matter to IRC.
Last week, the Court also ruled in favour of the AG by granting his application to consolidate two separate cases involving Kumwenda and Banda. Both officials were removed in November 2025 and redeployed to the Malawi University of Business and Applied Sciences and the Malawi Government School, respectively.
- 14 views