Former employees seeking justice face a long wait as the Industrial Relations Court (IRC) is operating with only eight judicial officers against an establishment of 17.
The Judiciary Establishment Warrant provides for four officers, including the chairperson, at the Blantyre Principal Registry; three deputy chairpersons each in Lilongwe, Mzuzu and Zomba; and two deputies each in Luchenza and Kasungu.
However, The Nation established that Blantyre has four judicial officers, Lilongwe two while Mzuzu and Zomba have one each. Luchenza and Kasungu have no judicial officers at the moment.
In a written response yesterday, Judiciary spokesperson Ruth Mputeni confirmed the shortage.
She said Judiciary is pursuing measures to improve the timely resolution of employment disputes.
Said Mputeni: “The shortage of judicial officers at the IRC reflects broader staffing constraints across the institution [Judiciary].
“Regarding Kasungu and Luchenza, their operationalisation depends on the availability of resources within the national budget. In the meantime, judicial officers from Blantyre, resources permitting, continuously conduct assizes [circuit courts] in surrounding districts, including Mulanje, Thyolo, Chikwawa, Mwanza, Nsanje and Neno, to bring justice closer to litigants.”
The staffing gaps come at a time the IRC is grappling with a caseload that High Court of Malawi Judge Chimwemwe Kamowa, a former IRC chairperson, recently pegged at about 7 100.
Mputeni attributed part of the backlog to the court’s previous arrangement, under which IRC panels included employer and employee representatives who were not Judiciary employees.
Malawi Law Society honorary secretary Francis M’mame said shortage of judicial officers raises serious concerns about access to justice and the protection of workers’ rights.
In April 2022, IRC had about 10 000 active cases.
IRC was established under Section 110 of the Malawi Constitution and was operationalised through the Labour Relations Act (No. 16 of 1996) which officially started in 1997 to resolve employment related issues.
