Malawi Supreme Court rejects Nsaliwa’s appeal over Macra dismissal payout

Former Malawi Communications Regulatory Authority (Macra) director general Charles Nsaliwa has lost his appeal against a court decision that awarded him K16 million in compensation for unfair dismissal.

A seven-member Supreme Court of Appeal panel, led by Deputy Chief Justice Lovemore Chikopa and including Justices of Appeal Frank Kapanda, Healey Potani, John Katsala, Charles Mkandawire, Dingiswayo Madise and Dorothy NyaKaunda Kamanga, said the amount was “just and equitable under the circumstances”.

In an order dated October 14, 2026, the court ruled that Nsaliwa was entitled to compensation only for his second employment contract, which was constructively terminated.

It found that he had continued to enjoy employment benefits until that contract expired, and that he had already received his severance allowance in full, along with compensation for unfair dismissal under the Employment Act.

“Having heard the parties and having considered all the documents and issues raised in this appeal, we find that there is no merit in this appeal,” the ruling reads.

The court also rejected his claim relating to a motor vehicle. It said he had not met the contractual requirements to buy the vehicle when his contract expired.

The appeal was the latest step in a long-running dispute over compensation for Nsaliwa’s constructive dismissal from Macra in 2014.

On August 11, 2020, the Industrial Relations Court (IRC) assessed the compensation at K569,952,818.

Macra obtained an order setting aside the execution of that decision.

In a fresh assessment, the IRC settled on K16,032,570.48 for unfair dismissal, a substantial reduction on the earlier award.

The court found that some of the benefits Nsaliwa had included in his claim did not amount to actual losses, because Macra had continued providing them after his constructive dismissal.