There is a legal maxim that stice delayed is justice denied. However, Tony Kabaghe and 22 others have waited for nine years to get half of their claims for unfair labour practices—with the deposit still hanging in court treasury.
The former Development Aid from People to People (Dapp) employees have been fighting for compensation for labour disputes at the Industrial Relations Court (IRC) in Blantyre.
Court records for case number 118 of 2017 show that the 23 sued for leave deprivation, unjustifiable salary deductions, working without pay during holidays and weekends and pension-related claims.
On April 7 this year, IRC deputy chairperson Wyson Nkhata ordered Dapp to pay them K285 million within seven days, but the no-profit organisation appealed against the judgement.
Dapp administration manager Obert Makawa on June 30 this year asked the court to suspend the ruling pending appeal at the High Court.
“The factual findings of the court in the determination of the substantive matter and in assessing the compensation payable to the applicants cannot be supported by either pleadings from the parties or evidence given in court,” he said in his sworn statement.
Francis Kamanga (R), Yona Banda (L) and Steve Chasweka (C) represent former Dapp employees at the Industrial Court in Blantyre. l Francis Chamasowa
He said argued that the court denied Dapp a right to legal representation, as the ex-employees could not afford one.
Dapp has since engaged Sacranie Gow & Company legal firm to represent their interests at the High Court, records show.
The charity also asked the IRC to freeze the payout until the appeal is concluded, arguing the jobless 23 may not afford a refund if Dapp’s appeal succeeds.
However, the ex-employees termed the appeal one of Dapp’s delaying tactics.
Their spokesperson, Yona Banda, said: “There has been one postponement after another for no good reason. For every court hearing, I have to travel from Kasungu to Blantyre only to be told the hearing is postponed. They wanted us to give up.
“It has been nine years since the case started. The first time we filed the case through Legal Aid, the case file disappeared and we had to look for evidence again. Luckily, some colleagues kept copies.”
Dapp first took the case to the High Court in 2024, demanding legal representation in the IRC.
Banda states: “Last time they did the same, they did not inform us, but a clerk tipped us that it was coming up for judgement.
“The judge asked whether the other party was present. We were in the audience, but Dapp told the court that we were nowhere to be seen.”
At that time, Judge Rachel Sikwese knocked the case back to the IRC, ordering it to conclude the matter speedily since it had taken too long.
“The IRC chairperson is directed pursuant to section 22 of the Court’s Act to prioritise the resolution of this matter because the claim is long outstanding not due to the fault of any party, but because of our judicial processes,” she ruled.
Sikwese observed that it took four years for the IRC to transmit the record to the High Court in 2021, a year to register the appeal in 2022 and another year for the appeal to be resolved.
Present situation
Last month, the IRC allowed Dapp to appeal as Section 65 (2) of the Courts Act limits an appeal from IRC to a question of law or jurisdiction.
It observed that while a simple disagreement with factual findings is not enough, a complaint that the court decided an issue not pleaded, applied the wrong legal test or acted outside its authority is capable of falling within the statutory right of appeal.
Win-win settlement
However, the court ordered Dapp to pay half of the K285 million payout within two weeks to the ex-employees, who stopped working on December 31 2016.
Their proceedings began in 2017.
“A stay will extend litigation which has already lasted many years and will continue to keep them from money which the court has found to be due,” Nkhata ruled.
The IRC offered to keep the part-payment pending the outcome of the appeal.
In the July 29 2026 judgement, Nkhata provides the reasoning behind the order: “If the appeal is dismissed, the deposited amount shall be released to the applicant and the respondents shall pay the outstanding balance in accordance with the assessment order.
“If the appeal succeeds in whole or in part, the deposited amount and unpaid balance shall be dealt with in accordance with the final and consequential orders of the appellate court.”
Francis Kamanga (R), Yona Banda (L) and Steve Chasweka (C) represent former Dapp employees at the Industrial Court in Blantyre. l Francis Chamasowa
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