High Court dismisses MBC on Malopa payments
The High Court in Blantyre has dismissed an appeal by State mouthpiece the Malawi Broadcasting Corporation (MBC) seeking a freeze on compensation to its former director general Bright Malopa for unfair dismissal.
In his ruling, High Court assistant registrar Simeon Mdeza said: “The action [by MBC] is frivolous, vexatious and an abuse of the court process.”
MBC’s appeal followed an Industrial Relations Court (IRC) ruling in December 2013 that awarded Malopa K62.5 million (about $156 000) after he successfully sued for unfair dismissal. He obtained a garnishee order on MBC accounts and a settlement arrangement was made to start paying the money.
However, after making the first instalment, MBC appealed the matter.
In its argument, MBC said its company secretary, Dan Kalaya, through whom the settlement was arranged, did not have authority to negotiate and execute consent order on its behalf.
But in his response, Malopa’s lawyer Patrick Mpaka wondered why MBC started paying his client if Kalaya had no authority to represent it in the transaction.
Said Mpaka: “MBC satisfied clause 1.1 of the order by paying K15 528 800.95. The satisfaction of the consent order [payment] was with approval of management which Mr. Hamilton Chimala is a member. Payment was signed by financial controller J. Kamwachale and approved by its chief executive officer [director general] Dr Benson Tembo.”
The court agreed with Mpaka and threw away MBC’s argument.
In December, after The Nation broke the story, Minister of Information and Civic Education Brown Mpinganjira expressed surprise that MBC was making the payment without challenging it.
Reacting to the High Court ruling on Wednesday, Malopa said: “I wonder what they [government] will say this time. May be they will say I was fired by TB Joshua, but even if they take the matter to the Hague, nothing will change because at the end of the day, I was fired by third parties who were alien to my contract.”
A Joice Banda angolemeretsa anthu, kumangochotsa anthu ntchito mopanda nzeru. The generalization that the name Joice belongs to the brainless is true.
Why do u put the man of God prophet T B Joshua on senseless talking? Muziopa aneneri a Yehova,prophet T B Joshua chamukhudzapo ndi chani? Hmmmmmmm
I Malopa must be paid his money. Who ever sacked this boy will bear the responsibility after May. What we need is to change the Government and task those who fired unnecessarily to be arrested because this is indirect cash gate. Misusing Government funds.
give him his dues ,mmmmm! Learn to give dimmisal on mutual consent?
Give the boy his money. However, I don’t blame JB for firing Malopa, everyone understands that it was not easy to work with a Bingu homeboy. Same will happen to Benson Tembo and he will also be compensated just like Malopa. Malopa brought on MBC hateful programmes, he was more of a politician that a public servant
My take in this is that this is a continuing trend started during Muluzi regime and will continue for ever. What we need now is to budget for these unfair dismissals bcoz they will continue to happen whenever there is change of admin.
Ndalama za msonkho is zimangozungulira basi…
62m MWK just 4 compersation on dismissal things that we do deliberately shame on me!
The determination of 62 MK was questionable. Poor as it is, how much does MBC pay its employees. Taxpayers have to know the details of the compensation package. So this is how the taxes I pay to MRA are used.
These are consequences that arises when the HE is running Public corporations as if at all it is a farm located at Malosa. Let her meet the cost herself for paying a deaf ear. What are the roles for the so called advisers? We will meet in May. God have mercy on Malawi.