Malawi Supreme Court rejects Charles Nsaliwa's compensation appeal

The Malawi Supreme Court of Appeal has dismissed an appeal by former Malawi Communications Regulatory Authority (Macra) Director General Charles Nsaliwa regarding his compensation for unfair dismissal. A seven-member panel, led by Deputy Chief Justice Lovemore Chikopa, ruled that the K16 million award was “just and equitable under the circumstances.”

The court determined that Nsaliwa was only entitled to compensation for his second employment contract, which was constructively terminated. The ruling noted that Nsaliwa had continued to receive employment benefits until that contract expired and had already received his full severance allowance. Additionally, the court rejected a claim regarding a motor vehicle, stating he failed to meet the contractual requirements to purchase it upon his contract's expiration.

This decision concludes a long-standing legal dispute stemming from Nsaliwa's 2014 dismissal. While the Industrial Relations Court initially assessed compensation at over K569 million in 2020, a subsequent assessment reduced the amount to approximately K16 million after Macra successfully challenged the initial execution. The court found that several benefits claimed by Nsaliwa did not constitute actual losses because Macra had continued providing them following his dismissal.