The African Court on Human and Peoples’ Rights (ACHPR) in Arusha, Tanzania, has given the Malawi Government 30 days to file pleadings in a civil case involving a former University of Malawi (Unima) lecturer who is demanding K207 million for unfair dismissal.
This comes after government snubbed the court’s proposal to have the matter—in which the ex-employee Urban Mkandawire— dragged Unima to court for unfair dismissal—resolved cordially.
The African Court, in exercising its powers, wrote the Malawi Government on October 17 2024, formally inviting the State to indicate its willingness to settle the case amicably by December 4 2024.
Government did not act on the said letter, forcing the court to send a reminder on February 6 2025 on whether it is amenable to an amicable settlement of the matter.
But in its response dated March 6 2025, government, through the Office of the Attorney General, indicated that following advice from the university, it was prepared to defend the matter in court and not amicably as requested.
“We are prepared to defend our position in a full trial before the court in order to put this long protracted legal battle to a final end as we believe that this approach will best serve the interest of justice,” reads the letter signed on behalf of the Attorney General by Mathews Gamadzi, senior deputy director (Asset Recovery).
Mkandawire has been fighting for justice in various local courts for over two decades after Unima terminated his employment as a French lecturer in December 1999.
He dragged government to the continental court on human rights issues after he reportedly exhausted domestic legal remedies.
In the letter, the Attorney General said since domestic proceedings started in 2000, Mkandawire has made numerous applications with voluminous documents.
“When the office of the Attorney General requested authorities from the University of Malawi to furnish us with documents pertaining to the applicant’s case made under the domestic proceedings, they pleaded for more time to trace all the requested documents due to the fact that most of the staff who were around when the applicant commenced his cases are no longer working for the institution, the university having undergone the unbundling process. These documents are crucial in the preparation of our case before the court,” reads the letter.
But in its application number 011/2024 signed by the ACHPR registrar Robert Eno, the court has given an ultimatum after receiving a submission from Mkandawire against government’s request to file pleadings out of time.
“The court, has nonetheless, decided in the interest of justice to grant the respondent State’s request to file its response. The respondent State is, therefore, required to file its response within 30 days from the date of receipt of this notice,” reads the demand application dated April 18 2025.
Out of the K207 million Mkandawire is demanding, K150 million is compensation for prolonged denial of justice and about K35 million is for unfair dismissal (current value of K3.1 million which the High Court earlier awarded him on May 28, 2004).
Other claims include K12.1 million for execution fees, K5 million for fabrication of evidence by the university and K5 million for lack of written judgements in previous determinations made by the court.
In November 2003, Mkandawire successfully challenged his dismissal when the High Court ruled in his favour and was awarded damages for unfair termination of employment amounting to K3 156 708.00 in addition to his two months’ salary unpaid notice.
However, Unima appealed the decision to the Malawi Supreme Court of Appeal (MSCA), which upheld his employment status and his entitlement to two months’ salary unpaid notice pay but set aside the damages for unfair dismissal, claiming that his right to be heard was never adjudicated by the High Court.
The appeal court further ordered Mkandawire to restart his case regarding unfair dismissal in a lower court and since then the matter has been in different courts with different judgements without reaching a conclusion.
In an interview, Gamadzi declined to comment on the issue saying: “I can’t discuss the matter now since it is before the court.”
But Mkandawire, who is representing himself in the case, said in an interview, his case had two causes of action which include wrongful dismissal due to the fact that he was paid one month salary in lieu of notice at the termination of his employment instead of three months’ salary.
“As a relief, I sought two months’ salary and professional allowance and the second cause of action was of unfair dismissal for violating the rules of natural justice as I was not heard before the sanction of dismissal was imposed on me and my dismissal did not contain the reason of the dismissal. As a relief, I sought reinstatement,” he said.
He further stated that he lodged an application to the African Court on July 19 2024 because under Section 43 of the country’s Constitution he had the right to not be condemned unheard and to be furnished with the reason for the termination of his employment.
“And under Section 41(3) and 46 (3), (4) of the Constitution of the Republic of Malawi, I have a right to effective remedy the court when the court found that my right enshrined in Section 43 of the Constitution has been violated,” he said.
Mkandawire also claimed the first High Court judgement found Unima to have violated Section 43 of the Constitution of Malawi by not observing the rules of natural justice before terminating his employment without being heard and providing the reason for the termination of the employment.
“So, I am praying that the AFCHPR upholds the damages of K3,156,708 assessed by the court registrar of the High Court on May 28, 2004, as a lawful and appropriate award for the violation of my constitutional rights to its current value of K206 813 499.00,” he said.
Commenting on the length the matter has taken, human rights activist Undule Mwakasungula described the case as “very touching, deeply troubling and raising serious concerns” about the effectiveness and integrity of the justice system in the country.
He said: “I believe this prolonged legal battle amounts to a fundamental denial of justice. There is a reason why the legal maxim justice delayed is justice denied is held in such regard.”
“A court case that stretches over a quarter of a century, without finality, effectively denies the complainant the right to a timely and effective remedy, which is a violation of both domestic and international legal standards.”
He said the situation exposes the inefficiencies and systemic weaknesses within the Judiciary and also signals the need for serious reforms in how cases are managed, especially those on appeal.
“The case’s continuous movement between courts suggests the absence of clear timelines for decisions, poor case tracking, and potentially even neglect or manipulation.
“It undermines public confidence in the justice system and weakens the rule of law, which is a cornerstone of democratic governance. Beyond legal technicalities, we must also consider the personal toll this has taken on the former lecturer.
To lose a job, pursue redress for decades, and still not find closure is a form of psychological, emotional, and economic harm that borders on inhumane treatment. His dignity has been eroded and his right to an effective remedy has been trampled on. Ultimately, this case tells us a much deeper and broader problem that affects many Malawians,” he observed.
