The Supreme Court of Appeal has dismissed with costs an application for stay of execution of payment of a fine of MK2.1 billion by mobile network service provider Airtel Malawi.
On 16th September, 2020, CFTC launched investigations against Airtel Malawi following several complaints from consumers against Airtel pertaining to how the Khethethe Bonus was being operated and paid out to consumers, so that even where it was earned it was not paid out in some instances.
After investigations and deliberations, the Commission ordered Airtel to pay a fine of MK2,113,099,660.00 for engaging in unconscionable conduct in the trade of goods and services.
After the decision to fine Airtel Malawi was made, the service provider applied to the Supreme Court of Appeal for a stay order not to pay the fine until the appeal is concluded.
However, Justice Lovemore Chikopa has refused to grant the stay order.
According to Chikopa, the fact that the fine is huge is not in itself justification of potential injustice
This means that Airtel Malawi has to immediately pay the fine failing which CFTC will be able to execute its decision against Airtel.