001/13 Ernest Francis Mtingwi v. Republic of Malawi
IN THE MATTER OF
ERNEST FRANCIS MTINGWI
V.
REPUBLIC OF MALAWI
APPLICATION No. 001/2013
DECISION

The Court composed of: Sophia A B AKUFFO, President; Fatsah OUGUERGOUZ, Vice President;
Bernard M NGOEPE, Gérard NIYUNGEKO, Augustine S L. RAMADHANI, Elsie N THOMPSON, Sylvain
OR?. Ben KIOKO, El Hadji GUISSE and Kimelabalou ABA - Judges; and Robert ENO - Registrar,
1. In the matter of:
ERNEST FRANCIS MTINGWI
V.
REPUBLIC OF MALAWI

Having regard to the above stated application and having deliberated thereon, the Court decides as follows.

The Facts

1. ln his application, the Applicant alleges as follows: • That he, Ernest Francis Mtingwi (hereinafter referred to as the Applicant), was employed by the
Malawi Revenue Authority (MRA), a state agency of the Republic of Malawi (hereinafter referred to
as the Respondent), on a 4-year contract for the period of 1 January, 2003 to 31 December, 2006,
• That on 4 November, 2004, the Board of Directors of the Malawi Revenue Authority held an
extra-ordinary meeting at night at which a resolut1on to immediately terminate his contract of
employment was passed, and approved
• That he was informed of the termination of his contract the following morning
2. The Applicant sued the MRA for damages for wrongful and unfair termination of employment in the High
Court of Malawi, Civil Cause No 3389 of 2004: Ernest F. Mtingwi v. Malawi Revenue Authority
3. The matter was heard in the High Court of Malawi on 24 March 2005, and the Court declared the
dismissal unlawful and ordered that three months salary and benefits be paid to the Applicant because the
Applicant's contract was terminated without notice.
4. According to the Applicant, after the award of damages, he found that a number of items of benefits as
damages were accidentally omitted during the preparation of exhibits submitted to the Registrar, and
therefore the order of assessment of damages did not reflect or embody the manifest intention of the High
Court order on damages. According to the Applicant, benefits that were in the contract of employment and
1

Select target paragraph3