At the time of the original custody order, the children were residing with the appellant in Malawi, but the court granted custody to the respondent to raise them in England. The plaintiff was employed by the defendant until she was dismissed immediately and without formality after she tested positive for HIV during a voluntary test.
Before her termination, the plaintiff had never been incapacitated due to her HIV status and was leading a normal life. The court held that fair labor practices entitle a terminated employee to know the reason for their dismissal and to explain and defend themselves. The Child Care, Protection, and Justice Act regulates the care and protection of children, including regulation of: the responsibilities and rights of parents; the role of local authorities; prohibiting harmful practices; procedures when children are accused of crimes; establishment of a child justice court system; and general child welfare.
Under Section 78, no child can be taken without the consent of a parent of custodial figure. Punishment for such a crime is up to 10 years imprisonment. In recognition of the inherent dignity and worth of each human, Article 12 requires that the State and all persons recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups, and minorities.
All persons have equal status before the law. Limitations of rights are only justifiable insofar as they ensure peaceful human interaction in the context of an open and democratic society. Although Malawi has crimes eligible capital punishment, sections and of the Criminal Procedure and Evidence Code provide that any woman who receives such a sentence must undergo an inquiry to confirm that she is not pregnant before the sentence is carried out.
The court will determine whether or not she is pregnant based on evidence presented. A decision that a woman is not pregnant is appealable to the Supreme Court of Appeal.
