Mzuzu IRC rendered helpless

Amid reports of a backlog of about 10 000 cases at the Industrial Relations Court (IRC) registries of Blantyre, Lilongwe and Mzuzu, the Mzuzu Registry has had no deputy chairperson since April 2022, stalling progress on all cases.

While some lawyers and unionists have said the development is a breach of right to access justice for the relevant court users in the Northern Region, the Judiciary has promised to act on the matter the soonest.

The Mzuzu scenario follows the departure of Kingsley Mulungu who was promoted in April 2022 from deputy chairperson to deputy registrar of the High Court and Supreme Court of Appeal.

Malawi Congress of Trade Unions (MCTU) secretary general Madalitso Njolomole said the delays are a setback, adding that there are more labour-related cases now than previously.

“The appointing authorities must always know that when they delay to make such appointments, it is those who seek justice that suffer. It should not take time to make an appointment, because we already have so many cases in courts now than before.

“Let me also state that we don’t want them to change the composition of the IRC, where we would not be part of as they are proposing. We don’t want that,” stressed Njolomole.

On his part, Employers Consultative Association of Malawi executive director George Khaki said the development was worrying.

“This is a very worrying situation that will lead to further delays in disposing of cases at the Industrial Relations Court. You will recall that the Labour Relations Act was amended in 2021 to, among other things, ensure speedy hearing of cases at the IRC.

“This scenario defeats our intentions in this respect. We urge the Judiciary to speedily fill up this vacancy at the Mzuzu IRC Registry. Justice delayed is justice denied,” he decried.

A lawyer, who spoke on condition of anonymity, also said lawyers are under enormous pressure from their clients who hope for speedy conclusion of cases.

Said the lawyer: “What is happening here is breach of right to access justice for the relevant court users who live in the Northern Region. The Judiciary is also guilty of discrimination against such court users.

“It is surprising that a vacancy of a deputy chairperson would take six months to fill at the expense of hundreds of litigants who would like to access justice at the IRC in the Northern Region.”

But, in an interview, High Court and Supreme Court of Appeal registrar Kondwani Banda said the position will be filled.

He said: “That one is noted. You know the process of replacement awaits the completion of the process of the one moving out.

“When you look at the government structure, the requirement is that once the Honourable Mulungu was appointed senior deputy registrar, the implication was that until the commission [Judicial Service] confirmed his appointment, that’s when the position could be declared vacant.

“His appointment was only confirmed last month; so, the process for getting the deputy chairperson is on. We may be having the person filling that position any time soon,” said Banda.

The IRC stopped using the employer and employee panellists after Parliament passed the Industrial Relations Amendment Bill in July last year, which removed such a requirement.

Following the removal of employer and employee panellists, the task of determining the cases in the three registries has been left with the court’s chairperson and his/her three deputies.