Football Association of Malawi (Fam) can now afford a sigh of relief after the Industrial Relations Court (IRC) upheld the decision by the High Court on the stay order in a case against coach former Flames coach Meck Mwase.
In November last year, IRC ruled that Mwase be compensated with K440 million for unfair dismissal by Football Association of Malawi (Fam) in 2022.
The-then deputy chairperson for IRC, Edna Bodole, now High Court judge, ruled in favour of Mwase but the respondent, namely Fam through lawyer Mickeus and Khunyela, appealed the ruling to the High Court.
However, in the latest development, IRC, sitting at the Principal Registry in order on March 24. Blantyre, maintained the stay
IRC Chairperson Austin Msowoya upheld the decision by the High Court and extended the temporary stay order to 150 days pending appeal.
“The court reasoned that against this principle should be balanced, a consideration that when a party has appealed, the court should see to it that the appeal, if successful, is not rendered nugatory because of failure to recover the judgement award.
“I allow the motion and maintain the order staying execution of the judgement and order of assessment for a further 150 days from today’s date, respondents must proceed with their appeal within this period,” the ruling reads.
Meanwhile, Fam lawyer Luciano Mickeus has expressed satisfaction with the ruling.
“The court, having considered all the circumstances of the case as presented by the parties, felt that it was fair and just to grant the stay pending the determination of the appeal,” he said.
In his response, Mwase’s lawyer David Kanyenda of Kanyenda and Associates said their focus was on the appeal.
“We have received a partial payment of K50 million.
“In the meantime, we are focused on arguing the appeal in the High Court,” Kanyenda said.
Mwase is currently contracted to Mbabane Highlanders in eSwatini.
The former Mighty Wanderers coach sought the court’s intervention after Fam fired him with a year left on his contract in April 2022.
