Judge Kenyatta Nyirenda grants Mungomo injunction against MBC demotion

High Court judge Kenyatta Nyirenda on Sunday granted broadcaster Albert Mungomo an injunction stopping taxpayer-funded Malawi Broadcasting Corporation (MBC) from effecting a demotion on him from the post of director of programmes.

Mungomo: Gets temporaly relief from court

Mungomo: Gets temporaly relief from court

MBC demoted Mungomo last week as first reported by Nyasa Times and reverted him to his previous position as chief training officer (CTO) after MBC board of directors meeting on November 16 2015 confirmed appointment of journalist Mzati Nkolokosa as acting director of programmes replacing Mungomo.

But Mungomo rushed to court to seek relief and his lawyer Frank Mbeta, said he has since served on MBC board the injunction granted by Judge Nyirenda.

Mbeta said following the interim court relief, Mungomo “still remains” director of programmes and “enjoys the same benefits until the court determines.”

According to the lawyer, the matter will be heard at the Industrial Relations Court (IRC) where it will make a determination that the MBC board decision was tantamount to unfair labour practices; hence, the decision should be rescinded.

He said the only issue that is in High Court is the injunction part.

“But the substantive hearing of the matter will be done in the IRC because it is essentially a labour matter.”

According to MBC board chairperson Moffat Banda was given the position on probation of six months and upon completion and satisfying management and the board, he was going to be confirmed as director of programmes.

He said after an appraisal, Mungomo “did not satisfy” and as such he was reverted to his position.

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40 thoughts on “Judge Kenyatta Nyirenda grants Mungomo injunction against MBC demotion”

  1. We are yet to learn more from you people soon. Democracy at its best injunctions ndi ntchito yomwe?

  2. DPP siboma lakanthu ndi chibwana basi monga bwampini sizodabwitsa olo pang’ono.

  3. Dodolido. says:

    Ndanena kale ndi ma lawyer ndi ma judge a kumalawi adyerawa, Magulufayi sizingayende kuno. Why should a lawyer fight against a demotion? Is the lawyer the employer.

  4. Zuze says:

    I have always advised journalists to be proffessionals. When you take sides zotsatila zake ndi izi.

  5. FMK says:

    linda madzi apite ndipo uziti ndadala

  6. Mc Phodo says:

    A letter to DPP
    Please MBC has many members of op[position parties. Watch out. Mungomo should not be demoted at all.

  7. nalimata says:

    Koma nawe tachepesa kunama….kukhala ngati anakuchekera “mnamo”…kuti chotuluka pakamwa pako chizikhala chonama basi! Umphunzirilepo phunziro apa.

  8. nalimata says:

    Lets face it, MBC have made a terrible blunder here. If MBC did not give Mungomo a job description, performance appraisal terms of reference, an opportunity to remedy under performance, on the job training to equip him, then Mungomo is set to become a millionaire. Aweluka apa m’maso muli gwa! The problem with our government institutions is that they have become very political. Wina akadana nawe chako chabwino palibe. We are with you Mungomo, these fools think they control everything. Ulandirapo zako mphwanga…fatsa!

  9. hens master says:

    First Mungomo was not promoted but put in that position on probation basis. Probation means one can be confirmed in that post or not based on ones performance.

    The board made a decision not to confirm Mungomo as director of programs because he did not perform according to set criteria.in short he failed to deliver.

    The Board has been lenient to him. He is a non performer. A better decision was to fire him for incompetence.

  10. Wadyera says:

    Akudana ndi Mungomo chifukwa ndi wa DPP anthu enawo ndi otsutsa boma. Watch out!

  11. ngongoliwa says:

    JUDGE KENYATA NYIRENDA
    Judge Kenyata Nyirenda at it again. He handles all public oriented situations. He is going to win this cases. I have gone through the comments by my fellow contributors. However I dont know how many of them have gone through the corridor of class of administration.Do they know that there are procedures to follow when conducting demotion process. Could anyone working at MBC help me to understand Mungomo’s situation by taking the following questions:
    ……………………………………………………………………………………………………………………………..
    DEMOTION PROCEDURE QUESTIONS
    A. Did MBC management give Mungomo a Job Description as soons as he was employed?
    A2. If Mungomo is brought to MBC with Kenyata Nyirenda so that, that Mungomo should do what his job description entails, are you sure he will not perform?
    B. Which assignments on the job description that Mungomo fail to perform? Are these assignments documented in the personal file of the plaintiff?
    C. How often was my bother Mungomo take to DISCIPLINARY COMMITTEE against his under performance ?
    D. What were the outcomes for those cases?
    E. In short how many warning letters were issued to the plaintiff by the defendant, ie simple job counselling, simple verbal warnings, Ist serious written warning, 2nd serious written warning, Final written warning? After serious final warning, then jargon of demotion can come in although these can be substituted by posting to another post or transfer. Not dismissal.
    F. Let me find out how many new job probationers at the MBC have been demoted or dismissed after the expiry of the probation period?
    G. Are you sure that the probation period for the MBC is only six months? Do you know that probationary period can be extended if the probationer does not respond to the needs and wants of the employers?
    H. Are the qualifications, experiences, and abilities of Mungomo suitable for the new post? If not then you made your own bed, just sleep on it, not demoting the director.This is your lesson for future reference. Send Mungomo to school for studies that will see him performing.
    I. Remember promotion is cruel as sometimes employers can promote an employee from the posting he is performing to a post that he can not perform at all. This is in the management books. MBC administrators should peruse administrative books widely in order to contain such cases.
    J. Please if we are working outside politics , then avoid playing politics at workplace. Such treatment to our employees is consequential. One day somebody at MBC will hang him/herself over such political game. Watch out.
    K. Six month probation, one is already demoted, a sensitive organization. How many weeks did MBC give to him for on job training? Who was training him? What were his recommendations after training about Mungomo? Were these performance reports in written forms?
    L. How many steps did M.B.C take for Mungomo to take the idea that he is not performing through UNDERSTANDING and REASONING not OTHERWISE in order to avoid resistance.
    M. IN SHORT WHAT IS IT THAT M.B.C MANAGEMENT HAS DONE THAT CAN MAKE THE WHOLE CASE BEING CARRIED OUT PROFESSIONALLY NOT THROUGH PERSONAL GROUNDS.

  12. chilipaine says:

    Abwana, kodi udindo timakakamira? Azichosedwa Kamuzu pa mpando, iwe ndiwe ndani khwankhwananda ngati iwe.

  13. Khamani!! says:

    The courts have jurisdiction over a boards right to fire ? The judge should have dismissed this injunction application . Let the grieved party bring a lawsuit if they so believe they have a case.

  14. zeze says:

    Zikukutsata Albert, chimidzimidzi chinanyanya kugonereza mwaiwe. Ukukumbukira, suzapeza mtendere paMalawi pano ukati usasinthe umo ukhalira ndi anzako

  15. Man of God says:

    Mungomo, tinakuuza kale kuti kuno ndi kunja, samala malankhulidwe ako, koma iwe mtudzu unanyanya. Ndi zimenezo lero alhomwe akukhoma msomali. Injunction yo ndiye ikuonetsa zoposa zomwe waonazo. Uwonanso.

  16. Gadabwali says:

    Mpaka court injuction coming after performance appraisal that finds one stll wanting? Sindinamvepo. Chitsiru apa ndi judge, chomwa madzi ometera! Akuona ngati akugamula ma injuction a chisankho

  17. chatonda says:

    But wait aminute, Does Mungomo have education ie. MSCE, Diploma or any Degree to cling to such a big position/ Shame Albert. The best is to go back to school now. Mzati has MA so have some ambition to work hard in class and not positions without any Degree, NONONO

  18. Jobe says:

    The same Kenyatta, Bwengu area man who ruled in favor of the incumbent!!!!! Kikikiki

  19. ben phiri says:

    Mbuzi ya munthu kufira maso ngati kuta.udzachotsedwabe next government malo moti ukanangoyamba kuzolowereratu mpando umenewu.

  20. chindaxi says:

    Heeee…Brian..if you are a genius…leave MBC and get another job.
    The Board doesn’t want you..your appraisal was poorly rated.

    Mukukakamila bwanji….This means you don’t have brains for a Director…. Go for a lower post if not they will fire you completely muyamba kuyendesa a kabaza!!!?? Kkkkkk

  21. Thanduxolo says:

    Chiletso chiri ngati mankhwala ochepetsa ululu. Bwana Mungomo ndale idakulowani mmafupa kwabasi.

  22. Ulemu Kwa YHWH says:

    Che Mungomo, eyes on the wall dzanja la a lomwe lalemba. The relief of injunction is short lived. Kuti zikuyendere, you can apply for retirement and get the benefits which alomwe wo can not play with them. Retire and live your life than clinging on to be an errand boy of the selfish government. ALOMWE mwatiyenjeza we are still reading your moves.

  23. Nasan says:

    Mr mungomo tinayamba kukuvanilija ndikale kapumeni kapangeni zina tione khope zina kikikikikiki

  24. Mashamase says:

    Kasakeni kwina ntchito

  25. mbuyuni says:

    Oh! Kodi pali MBC eti!, ife patha zaka tisakumvera/ kuona family members. TB Joshua ndi Bushiri watenga malo. Pena u get irked to see what is happening in my country

  26. mapwevupwevu says:

    Shupiti! When he was unfairly promoted at the expense of others did he get an injunction? Nanu ma judge zinazi mudziwona bwibwino, you waste our time with these stupid injunctions!

  27. Mnyamata wa nzeru says:

    You did not impress during probation. Pack up and go!!

  28. Peter says:

    Pepani ndalephela kumvetsa paja mngomo ndi sapota wa dpp.

  29. Rodriguas says:

    Why didn’t you get injnction when you were promoted?
    Kenyatta Nyirenda… This name is synonymous with croocked schemes. Remember the electral fraud saga? This is the one who ruled in favour of the electral commission to release sexed election results in May 2014.
    Justice denied here.
    Choka Apa, eeh?

  30. super mario says:

    You cant demote me because I know my perfomance was good. You should also know that I can promote myself, I can even hire and fire myself. Now Das Auto

  31. chileka boy says:

    Ma promo obwera coz of andale zimatero ndithu. Akafuna kukufinya, amakutsitsa mopsetsa mtima. Ask Viola who has bcam a prodigal son after all he did at galaxy FM to oppoztn to make DPP win.

  32. Aubrey Norman says:

    Basi kumangowalemeretsa okuyimilirani Milanduwo?mwazikhuta ndalama kukakamira choncho bwanji?

  33. Mbuya says:

    Ineso will get injunction govt shld employ me kkkkkkkkkkiest

  34. choka phiri says:

    When Malawi know The MBC is People not for politicians. Where in the democratic nation they dont allow opposition to broadcastic its only in Malawi. Now DDP/Peter even buys private radios and TVS like Zodiak There is not chance for opposition to reach People than campaigns shame. This is why Malawi will never be full democratic nation. Those Who think Malawi is better than MCP Kamuzu Banda are cheating themselves. Malawi is still dictatorship nation ruled by families. Kamuzu did not leave and could never leave the nation to family Kazamira. Never to Tembo. But Bingu wanted Malawi and Malawians ruled by Muntharika. Hus wish worked. Look at DRC AND SYRIA. is tjat what u want Malawians?

  35. Lord says:

    The catchy word is, “Probation”

  36. atonga says:

    Kkkkkkkkkk koma a Lomwe sazatheka ndithu

  37. Katswiri says:

    Bwana mungomo…..accept the course of today…the performance appraisal renounced your services for the seat. A board’decision is a collaborative decision which has sprung from the asssesment of different areas building ur perfomace. Respect it…..there shall not be a win-win sitiuation in ones life. Acceptance is the best answer basi……inu pano pangani za ndale basi

  38. Katchende ka walter says:

    Mungomo thats the way to go.

  39. Chigawaneni says:

    Mpaka injunction pa demotion! Mr Mungomo,people must be promoted on merit. If employers are not satisfied with your performance, why should they promote you? Shame on you.

  40. Peter Ibu Lhomwe says:

    When will MBC be free from political chains? No wonder Mr ibu’s government is playing hide and seek on ACCESS TO INFORMATION BILL.

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