Mwanamanga v. Malamulo Mission Hospital

The defendant employed the plaintiff as a librarian in 1995, but dismissed her from her position in 2000 because she married a polygamist. The plaintiff challenged the dismissal as unfair and asked for an order that her former employer, the defendant, pay compensation and long service pay. In siding with the plaintiff, the Court considered the anti-discrimination provisions of the Constitution, given that the facts underlying the offence took place prior to the Employment Act coming into effect. The Court concluded that the termination of the plaintiff qualified as discrimination. The reasoning underlying the termination effectively prevented the plaintiff from marrying a man of her choice, and from engaging in economic activity through employment, both fundamental constitutionally-protected rights. The Court emphasized that it did not matter that the defendant’s conditions of service prohibited polygamous marriages among its workforce, as such a prohibition contravened the Constitution. In closing, the Court ordered the parties to produce documents and other material relevant to the assessment of compensation for the plaintiff.