Malawi: Former MBC CEO bemoans court ruling

Regulation & Policy

Bright Malopa, former CEO at state owned broadcaster, Malawi Broadcasting Corporation (MBC), bemoaned a court ruling last week, where about 300 members of staff of the broadcaster have lost a case over merger of television and radio sections that led to loss of jobs. The High Court in Blantyre on Tuesday 12 June 2012, dismissed an application for judicial review on the merger of MBC and Television Malawi (TVM).

Presiding judge Justice Healy Potani dismissed the application in his draft ruling describing it as "incompetent". Potani ruled that the issues raised are purely employment matters suitable for the Industrial Relations Court.

"The matter in its entirety, that is both on the relevant law and the facts, tends to show that while the applicants may be entitled to complain about the effect of the merger on the respective employments with the first respondent [MBC], they have no standing to question the procedure leading to the merger," he said.

The judge conclude that the matter in respect of the applicants seeking judicial review is purely an employment one involving private law rights with no trappings of public law.

"... and therefore ought not to be entertained," he declared.