Pop star Madonna’s charity Raising Malawi Academy for Girls has escaped litigation from its former head after the High Court of Malawi Civil Division yesterday dismissed an appeal due to time lapse.
High Court Judge Allan Hans Muhome dismissed an application by Anjimire Oponyo, who was the academy project’s chief executive officer, seeking permission to appeal out of time a decision by the Industrial Relations Court (IRC) to discontinue her 15-year-old labour dispute against Raising Malawi Academy for Girls.
In his four-page ruling delivered in Blantyre, the judge faulted Oponyo, a sister to former president Joyce Banda, for “sleeping on her rights for 15 years” and described her application as “unworthy, annoying and an abuse of court”.
Muhome said it was in the interest of the court that litigation must be ended because it would be unfair for the respondents— Registered Trustees of Raising Malawi Academy for Girls, the Registered Trustees of Raising Malawi and Raising Malawi Inc.—to be held to ransom to answer claims the applicant “failed to prosecute over such an inordinate period”, dating back to March 21 2011.
“Even if these procedural hiccups were curable, this court considers that the application lacks sufficient cause. The applicant failed to appeal on time under the pretext that she awaited the written ruling yet an option for appeal in seven days of the oral ruling was before her,” said the judge, ordering each party to bear their own legal costs.
The judge observed that Oponyo was absent for two pre-hearing conferences on January 6 2016 and January 28 2016 after which respondents were granted an order dismissing the matter due to her failure to prosecute.
In March 2016, the IRC gave Oponyo relief by restoring the matter, but its presiding officer passed on before delivery of the ruling.
Said Muhome: “Six years later, on November 5 2022, the applicant wrote a letter following up on the ruling. A year later, on January 24 2023, the registrar restored the matter to the cause list merely based on the letter. This was certainly unprocedural and so, a year later, upon review by the chairperson [of the IRC], on December 10 2024, he orally reversed the restoration.
“The chairperson granted the applicant leave to appeal against the ruling within seven days of the oral ruling or within seven days of the issuance of the written ruling. Now, two years down the line, the written ruling has never been issued and the applicant brings this application for leave to appeal out of time, against the chairperson’s ruling.”
Muhome said permission could not be granted for three reasons, notably failure by the applicant to cite the specific provisions of the law, the application being premature as it should have first been made in the IRC and deficiencies in Oponyo’s sworn statements.
The ruling comes against a background of growing concerns of delayed delivery of judgement in cases with the Judiciary on the receiving end.
Reacting to the ruling, labour law expert Mauya Msuku yesterday said apart from the general principles set on timeframes where one can appeal a ruling, the courts have powers to extend time.
He said timeframe vary from orders that require 14 days and others 30 days.
“I am not sure of the time and reasons the application was made. You could have valid reasons but the court may look at prejudice on the other side. Assuming you want to lodge an appeal for a matter where, for example, other parties have lost witnesses or other relevant people,” he said.
Madonna’s plan to build a modern girls’ school for about 400 girls just outside the capital city Lilongwe collapsed in 2011 and the board of her Raising Malawi Charity was fired.
The development displeased Oponyo who sought court redress.
Madonna fell out with Oponyo, a former Principal Secretary in the Ministry of Education, and other local staff when an international media report accused them of expropriating funds to spend on luxury cars and golf membership. Oponyo and others sued Madonna’s foundation for wrongful termination of contract.
