Civil society organizations working in the environmental sector have demanded that the Malawi Environment Protection Authority (MEPA) through the Attorney General’s Office should immediately fight and vacate the injunction obtained by plastic manufacturers at the earliest time possible.
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The CSO’s have expressed shock and disbelief with an injunction eleven plastic companies obtained from the Lilongwe High Court stopping MEPA from enforcing the ban on thin plastics under the Environment Management Plastic Regulations of 2015.
The injunction which was obtained on July, 9 2024, follows years of litigation that has seen the Malawi Courts continuously ruling on the same matter regarding the ban on thin plastics.
They accused the Companies: City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Ltd, O.G Plastics Industries (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries and Shore Rubber (Lilongwe) Ltd of being responsible for blocking every Malawian’s goal of a clean and healthy environment.
In a joint statement read at a media briefing, the environmental groups noted that Malawians cannot allow every new crop of plastic companies to enter the High Court and make a mockery of democracy and judicial process.
“Furthermore, it has been noticed that these eleven companies are seeking much of the same relief’s that was sought by other plastic companies in the multiple court actions from 2015 through to 2023. We find that their request for leave to judicially review the ban on thin plastics is a serious mockery to our justice system, as the matter had already been dismissed by the Supreme Court of Appeal 5 years ago, in 2019.
“As rightly observed by the Attorney General, “If these companies indeed have sufficient interest in the case, what made them not join that initial case that has been in the courts, the High Court and the Supreme Court, for years?” said the press release
They further argued the changes in the names of those who move the courts do not change the substance of the matter in that the importation, manufacture, trade and commercial distribution of thin plastics of less than 60 microns was correctly prohibited.
The CSOs further faulted the manner in which the ban on thin plastics has been relentlessly blocked by repetitive injunctions, hence convinced the goal of the plastic companies and the entire plastic industry is to use the courts as a shield for continued pollution of the environment.
“Malawians are not naive to the dangers of plastic pollution. Thin plastics do not decompose when dumped in the environment, they pose significant disposal challenges, release toxic substances when burned, harm livestock and wildlife, clog storm drains, provide breeding grounds for disease-causing pathogens, and reduce the ecosystem aesthetic value.
“The injunctions against enforcement of a thin plastics ban just remind us how far we have fallen behind in the pursuit of a plastic free nation, when other African countries including our neighbors have effected a ban on different forms of plastic”.
While respecting the rule of law and welcoming investors in Malawi, they indicated the country has no room for those who prioritize obscene profits over environmental stewardship adding they will not tolerate irresponsible investments that harm the environment.
The CSOs further called on citizens to reject all thin plastics and use alternative carrier bags.
“Malawian citizens should reject any thin plastics found on the market. Do not buy or take any thin plastic packaging material if you cannot re-use it. Please use alternative carrier bags.
“Government should support to eco-friendly enterprises with tax incentives and enabling environment for businesses that produce sustainable packaging materials.”
They challenged the manufacturers to stop abusing the judiciary with unnecessary injunctions as a tactical approach to derail implementation of the 2015 Environment Management (Plastics) Regulations.
Some of the CSO’s are Civil Society Network on Climate Change, Association of Environmental Journalists, National Youth Network on Climate Change, Churches Action in Relief and Development and Malawi Environmental Endowment Trust.
