Compensation hopes for 46 000 former Malawian mineworkers have been dealt a blow after the High Court in Blantyre dismissed their case.
In a judgment delivered on December 19 2025, High Court Judge Mike Tembo threw out the application with costs, ruling that the claim was “statute-barred”, meaning the legal time limit for filing the case had long since expired.
The Ex-Miners Association had sought compensation for losses allegedly suffered when the labour migration agreement to South African mines was halted nearly four decades ago.
However, Judge Tembo found that the claim failed to meet the requirements of Section 4(1) (a) of the Limitation Act. The court noted that the “cause of action” [the event that triggered the legal right to sue] occurred 36 years ago.
Under Malawian law, such claims must be brought within a specific timeframe, usually six years.
Lawyer representing the Attorney General, Francis MacJessie argued that there was no written acknowledgment of liability by the government capable of reviving the claim nor any legal basis to establish that the government held or managed the ex-miners’ gratuities in a fiduciary capacity.
“Contrary to the claimants’ submissions, this court agrees with the defendant that this is not a case for summary judgment. The claimants have failed to prove that the defendant does not have any real prospect of defending the claim herein as required under Order 12 Rule 23(1) of the Courts (High Court) (Civil Procedure) Rules,” reads part of the judgment.
Speaking after the judgment MacJessie said he was happy with the outcome, adding that the case had now been settled after being before the court for a year.
Lawyer representing the claimants Felix Tandwe in an interview on Friday said he has received instructions from his clients to appeal the case in Malawi Supreme Court.
Tandwe said there was an agreement that deductions would be made from the miners’ salaries and remitted to the Reserve Bank of Malawi, which never happened.
He further said the claimants are seeking compensation for both financial losses and emotional distress suffered.
“There was an order compelling the disbursement of funds.
“There was a clause which required that part of the payment of salaries should be deferred. Part of their salaries were deducted and meant to be remitted to the Government of Malawi through the Reserve Bank of Malawi,” he said.
Chairperson of the Ex-Miners Association John Dick said the group resorted to litigation because efforts to engage in dialogue with the Government of Malawi had yielded nothing.
He said over the years the government had not been forthcoming with concrete responses, describing its actions as inconsistent.
Meanwhile, Minister of Labour, Skills and Innovation Joel Chigona said his office is ready to meet with the ex-miners as they explore means of helping them get their dues.
Chigona said it is sad that the issue has taken this long before finding solution, adding he will help them.
“My office is ready to find solution on this one, may be outside court. I am ready to meet them and chat way forward on this issue” said Chigona.
The 46 000 ex-miners, some of whom are deceased, are seeking compensation from the South African Government through the Malawi Government.
They were among thousands of Malawians who migrated to South Africa between the 1960s and 1980s to work in the mines.
The Malawi government facilitated the export of labour under a system known as the Temporary Employment Bureau for Africa (Teba).
