In response to the environmental and human health problems associated with plastics, the Government of Malawi banned the production, importation, commercial distribution and trade of thin plastics (less than 60 microns) through the Environment Management (Plastics Regulations) of 2015. Malawi Supreme Court of Appeal on 20th June, 2024 dismissed with costs a ‘thin plastics’ case where manufacturers were pursuing an appeal against ban of plastics of less than 60 microns
Below is the chronology of events leading to the dismissal of the case :
· The regulations were published on 27th March, 2015 in the Malawi Gazette Supplement, Government Notice No.4
· The ban on thin plastics was announced by Ministry of Natural Resources, Energy and Mining through a public notice released in local newspapers in 2015
· Enforcement and implementation of the thin plastics ban commenced on 30th June, 2015
· In 2016 AERO Plastics Industries Ltd and the Plastics Manufacturers Association obtained a stay order from the High Court in Blantyre restraining implementation of the ban and instituting judicial review of the decision made by the Government in relation to the ban
· On 9th June, 2018 the Association of Environmental Journalists and other partners conducted a green awareness walk as part of World Environment Day celebrations on the dangers of thin plastics. Participants during the walk collected plastic wastes from Lilongwe Community Centre Ground passing through the Kamuzu Procession Road to Bwaila Secondary School. The walk was spiced by the Malawi Prison Brass Band
· On 14th June, 2018 the High Court judgement was delivered lifting the injunction and dismissing grounds for judicial review
· On 12th July, 2018, the High Court granted a stay order in favour of plastics manufacturers suspending enforcement of the plastic ban pending appeal
· On 13th April, 2019 another awareness walk on the dangers of thin plastics was conducted in the commercial capital of Blantyre from Chichiri Upper Stadium to down town Blantyre by the Association of Environmental Journalists
· On 31st July, 2019 the Supreme Court of Appeal dismissed the appeal and Government was allowed to resume enforcement of the ban
· In May, 2020 Environmental Affairs Department and Malawi Environment Protection Authority (MEPA) developed thin plastic ban awareness messages in readiness for roll out of the implementation plan
· In 2020 retail chain stores began producing alternative carrier bags some of them made of sacks and those that can be reused more than once of more than 60 microns. One message on the carrier bags read “Get Drastic on Plastics” another one reads “Earth Lovers Partners for a Better Tomorrow”
· In May 2021 the High Court (Commercial Division) in Lilongwe vacated an injunction obtained by Golden Plastics Limited, prohibiting enforcement of the thin plastics regulations. The court also dismissed the judicial review challenging the legality of the thin plastics regulations by the company
· In July 2021, plastics manufacturers obtained another stay order at the Supreme Court preventing the enforcement of the High Court judgement until an appeal of that judgement was heard and concluded
· In December, 2021 MEPA, through the Attorney General’s chambers, applied to have the stay order vacated and hearing of the application, after several adjournments due to the unavailability of a judge, was finally heard by Justice Lovemore Chikopa
· On 22nd October, 2022 the Association of Environmental Journalists in partnership with local and international development partners conducted a Green Awareness Walk in Lilongwe with thin plastics high on the agenda. The Game Complex in Lilongwe hosted the event with a live band played by Lulu and Mathumela crew as an advocacy tool
· In June, 2023 Civil Society Organizations led by the Coordination Union for the Rehabilitation of the Environment (CURE) petitioned the Supreme Court to expedite the thin plastics case ruling on World Environment Day in Blantyre after a street big walk. A similar march in Lilongwe with thin plastics on the agenda also took place as part of raising awareness on pollution in the environment
· In February 2024 Civil Society Organizations marched in Blantyre under the Urban Green Spaces Initiative led by Coordination Union for the Rehabilitation of the Environment (CURE) and thin plastics ranked high on the agenda from Upper Stadium via Queens Elizabeth Central Hospital to Njamba Park
· In March, 2024 Coordination Union for the Rehabilitation of the Environment appealed to the Supreme court through the media to expedite the ruling on the stay obtained by plastics manufactures as a follow up to the petition handed to the Supreme Court on World Environment Day in 2023
· In April 2024 Chief Justice Rezine Mzikamanda told parties in the thin plastics case that file on the case is missing and that documents he was looking for were for the reconstruction of the file to conclude the matter
· In June 2024 the Malawi Supreme Court sitting in Blantyre by a panel of nine judges presided over by the Chief Justice Rezine Mzikamanda dismissed with costs the appeal by the appellant following withdrawal by notice of the appellant after close to a decade of legal battles by manufacturers and mandated agencies on environmental management.
Compiled by the Coordination Union for the Rehabilitation of the Environment (CURE)
