Malawi Govt to Pay Banda K103M
The Industrial Relations Court in Malawi has ruled against the Malawi Government, directing them to pay a substantial compensation of K103 million in Malawian Kwacha (MWK) to Brian Banda, former Press Secretary to President Lazarus Chakwera, for what the court deemed an unlawful dismissal.
The judgement, delivered by Deputy Chairperson of the Industrial Relations Court, Peter Kandulu, on December 22, stipulates that the compensation, totaling K103,316,418, is to be paid within 30 days. The court order outlines the sum as compensation for both unfair dismissal and severance allowance.
Mr. Banda, who assumed the role of State House Press Secretary in August 2020, was relieved of his duties in July 2021, subsequently replaced by Anthony Kasunda, the former spokesperson for the Blantyre City Council.
Following his dismissal, Mr. Banda pursued a four-month leadership course in China and later returned to Malawi, where he resumed his career as a journalist at the Times Group.
Court documents revealed that Banda initiated legal proceedings over unfair dismissal in September 2022. Despite the State House, represented by Attorney General Thabo Chakaka Nyirenda, failing to contest the case, the Industrial Relations Court issued a default judgment in favor of Mr. Banda on November 7th, 2022.
Efforts by the government’s legal team to set aside the default judgment proved unsuccessful, as they failed to appear for a hearing in June 2023. Subsequently, the court proceeded to assess compensation in line with the default judgment, ultimately awarding Mr. Banda the significant sum of K103 million.
The compensation order comes amidst the backdrop of legal maneuvers by the government to contest the case, including an application for a stay of the hearing and an attempt to set aside the default judgment. The court’s decision now mandates the Malawi Government to fulfill the compensation within the specified timeframe.
Brian Banda’s case highlights the legal ramifications surrounding dismissals within the government sector and raises questions about the due process followed in employment termination at State House.
Source: Malawi24
