MSCA MISC CIVIL APPLICATION NUMBER 42 OF 2025
(Being High Court, Civil Division, Principal Registry, Misc Civil Appeal No. 24 of 2025)
Between
Press Corporation Plc (Applicant)
And
Benard Ndau (1st Respondent)
Elizabeth Mafeni (2nd Respondent)
Dr. George Patridge (3rd Respondent)
The Supreme Court of Appeal has granted Press Corporation Plc (PCL) an interim stay of execution against an order of the Industrial Relations Court (IRC) pending further hearing.
Background of the Case
The matter arises from an IRC judgment delivered on 22 October 2024 and an order on assessment dated 25 April 2025, in which the court awarded a total of K14.1 billion to three former employees, Mr. Benard Ndau, Ms. Elizabeth Mafeni, and Dr. George Patridge, as compensation under the Employment Act.
In its ruling, the IRC noted that this is the first case in the history of labour justice in Malawi that three former employees of any employer have been awarded such a large sum.
Conditional Stay and Subsequent Appeals
Following the assessment order, the IRC granted a conditional stay of execution on 15 May 2025, requiring PCL to pay 70% of the total award, approximately K9.88 billion, immediately.
PCL, citing the risk of irreparable harm and potential non-recovery, sought relief in the High Court before Honourable Judge Nriva. The company maintained that immediate enforcement of such a substantial award would cause extensive financial pressure and expose them to significant Sheriff’s fees and execution costs.
When the High Court’s decision did not fully alleviate these concerns, PCL escalated the matter to the Supreme Court of Appeal.
Supreme Court Proceedings
The application before the Supreme Court was brought ex-parte (one party) and marked as one of extreme urgency.
The Court’s Decision
On review of the application, the Court issued an interim order:
- Execution of the IRC order of 25 April 2025 is stayed pending the hearing of an inter-partes application.
- PCL must file the inter-partes application within 21 days from the date of the order.
- Costs of the application will be in the cause.
Order made on 11th August 2025 by the Honourable the Deputy Chief Justice Lovemore P. Chikopa, SC.
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