The Industrial Relations Courts (IRC) has for two years failed to deliver its judgement in a case of 600 former US Embassy guards claiming K1.5 billion salary arrears, according to the plaintiff’s lawyers.

In a letter to IRC dated 13 April, the workers’ legal firm Kainja and Dzonzi write: “We refer to the above matter and write to follow up on the outstanding judgment.

Nakoma: It is painful

“Please note that this matter was last heard on June 28 2021 before His Honour Pemba [as he then was] and was adjourned for judgment.

“We note that more than 20 months have elapsed. In terms of Section 67 of the Labour Relations Act this judgment is way past due and we implore on your good office to follow up on our behalf.”

The case’s presiding judge Howard Pemba has since been appointed High Court judge and the lawyers fear this could affect the case.

“We note that H/H Pemba was appointed a judge of the High Court last year which may add to his plate and forget this matter,” the letter reads in part.

Meanwhile, one of the former guards Stephano Nakoma expressed concern about the delays, which he described as justice denied.

“It is painful that we have to go through all these years without getting justice.

“Some of our colleagues have since died without seeing justice take its course,” he lamented.

In 2015, the guards sued Capital Outsourcing Group Limited and Pro-telligent, which the US Embassy in Lilongwe contracted to provide security services between 2010 and 2014.

They are claiming $1 489 200 (roughly K1.5 billion at current exchange rate) arrears for top up salaries, which they claim the two firms did not pay.

The tussle between the two sides stem from an audit report by the US Office of the Inspector General (OIG), which revealed that Pro-telligent had not been paying the guards’ salary top up.

According to the audit carried out in 2013, the American Government tops up salaries for security guards at its foreign posts.

In Malawi, every guard at the US Embassy is paid an additional $100 (about K102 000) allowance by the US Government, according to the audit report as quoted by www.nation.com story published on January 11 2014.

The case has, however, been further delayed by technicalities in courts and lawyers dumping the complainants.

The court documents show that the case was discontinued at IRC and taken to the High Court where it was thrown back.

Later, Capital Outsourcing Group Limited and Pro-telligent sought the discontinuance of the case because the guards’ lawyers were not showing up.

Kainja and Dzonzi legal firm revived the case in the IRC in 2021.

Meanwhile, Supreme Court and High Court of Malawi registrar Kondwani Banda said yesterday that despite Judge Pemba moving to the High Court, he still has jurisdiction over the case.

In an interview, Banda said the delay to deliver judgement was due to a backlog of cases at IRC.

He said currently there are 11 000 cases at the IRC “being handled by four officers only.”

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