The dismissal was held to be fair, and the action dismissed.
27.
The
Applicant
appealed
against
the
above
judgment
to the
High
Court as he was not satisfied with it. When the Applicant, who is neither
a licensed practitioner nor a lawyer, appeared before the High Court, he
wanted
to address that court from the Bar where licensed practitioners
would do.
courts
This was denied to him in terms of the practice before the
in that country;
he was,
however,
free to argue
his case from
where people who were not practitioners would do. He however decided
not to argue from anywhere
else; instead, he decided to appeal to the
Supreme Court of Appeal, for the third time.
28.
The Applicant’s appeal was enrolled and heard in the Supreme Court
of Appeal,
and
judgment
was
delivered
on
11
October
2007.
The
judgment summarizes the Applicant’s grounds of appeal into two. Firstly,
“that his employment is terminated unlawfully since he was not given the
opportunity to be heard
by the University
refute the allegations made
allowed to address
first ground, the Malawi
was
res judicata and
Committee
to
against him, and secondly that he was not
the judge in the High
appeal because he was not a
Disciplinary
Court in order to argue
his
licensed legal practitioner’. Regarding the
Supreme
Court of Appeal
it could therefore
held that the matter
not consider the point again;
it
referred to its judgment of 12 July 2004, already referred to and quoted
above.
In that judgment,
alia, that for this claim
the Supreme
of unlawful
Court of Appeal
dismissal,
based
had
held, inter
on a breach
of the
rule of natural justice, the Applicant should have approached the Court
by stating “the issue in the pleadings as a separate. Cause of action.” tn
(13]