* MEPA was on an inspection exercise on several plastic manufacturing companies in Lilongwe
* While some manufacturers were found compliant, others were flagged for irregularities
* MEPA has issued stop orders to the non-compliant companies, warning that production must remain halted until all standards are met
By Donald Zimba, MANA
Malawi Environment Protection Authority (MEPA), which has intensified its enforcement of the ban on thin plastics, found a Chinese-owned company, Qing Dao Industries in violation of the ban and was ordered to shut down operations.
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MEPA was on an inspection exercise on several plastic manufacturing companies in Lilongwe and while some manufacturers were found compliant, others were flagged for irregularities.
MEPA has issued stop orders to the non-compliant companies, warning that production must remain halted until all standards are met while Qing Dao Industries was directed to cease production until it aligns with government regulations and receives official approval to resume.
Leading the inspection, MEPA Director General, Wilfred Kadewa visited City Plastics, Ocean Industry Limited, and Qing Dao Industries to assess their compliance with environmental regulations.
Speaking on behalf of City Plastics, sales & operations manager, Lawrence Ndovie assured authorities of its adherence to the ban: “We are law-abiding citizens and fully comply with the law. We are ready and willing to work with the government.”
Inspections at Ocean Industry Limited revealed partial compliance and Kadewa noted that while the company’s main products met regulatory standards, the material used for tying plastic bags intended for food packaging was not compliant.
“We have issued a stop order on the entire package because one component does not meet the required standards. The company must replace the material used for tying,” he said.
The crackdown underscores MEPA’s commitment to enforcing environmental laws and reducing plastic pollution in Malawi following the intervention of the Court after the plastic producing companies sought legal relief when the Environmental Management (Plastics) Regulations was put in place in 2015.
The enforcement of the ban on production, importation, sale and distribution of thin plastics of less than 60 microns has dragged since 10 years but is now in full force, through the ruling which the High Court sitting in Lilongwe upheld this month to be enforced.
The country’s thin plastic manufacturers and importers sought legal relief through court injunctions that led to an application for a judicial review, which was finally brought before Justice Howard Pemba.
During the hearing, Justice Pemba was made aware of the numerous previous court proceedings relating to the successive actions in respect of the case and the failure by the thin plastics producing companies “to bring all issues together in one plate” — which “pretty much points to some kind of abuse of the court process by the companies”.
Justice Pemba emphasised that the Court “is not in the habit of condoning such judicial malpractice [and] that has to be put to stop now [and that] there should be an end to [such] litigation and this is one such kind”.
“On that account, I do hereby proceed to discharge permission to apply for judicial review that was granted to the Claimants on the grounds of suppression of material facts and the proceedings being an abuse of the court process.
“The order of an interlocutory injunction that was also granted in their favour is accordingly discharged as well for having no legs to stand on,” ordered Justice Pemba, made in chambers, on January 31, 2025 at Lilongwe High Court Registry.
The companies, which were also condemned with costs of the court proceedings, are City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale Ltd, G.S. Plastic Industry (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries and Shore Rubber Ltd.
Soon after the ruling, the Ministry of Natural Resources & Climate Change, in collaboration with MEPA swiftly set the legal enforcement in motion by announcing the immediate enforcement of the Environmental Management (Plastics) Regulations.
Speaking at a press briefing in Lilongwe at the Department of Environmental Affairs Headquarters, Secretary for Natural Resources & Climate Change, Dr. Yusuf Mkungula, hailed the ruling as a victory for environmental protection.
Dr. Yusuf Mkungula
“This ruling that bans the importation and use of thin plastic bags in the country is in the best interest of Malawians and our environment,” he said, while emphasising the harmful effects of plastic pollution on water bodies, wildlife, and human health, reaffirming the government’s commitment to environmental sustainability, a key pillar of MW2063.
“This decision legally enables the government to fulfil its mandate of protecting the environment and public health in line with Enabler 7 of MW2063, which calls for a clean, secure, and sustainable environment,” Mkungula said.
He stressed that failure to comply with the plastics regulations is an offence punishable by law, with penalties including imprisonment, confiscation of property, monetary fines, and possible closure of non-compliant facilities.
Mkungula vowed to enforce the law with full force against manufacturers, distributors, retailers, and users of thin plastics, saying the ruling has energised them and are set to move in full force to inspect factories, warehouses, and shops where all thin plastics they will find will be confiscated.
Public alert
“There will be no exceptions,” he declared, while MEPA Director General, Kadewa — while commending the government for taking the decisive action — said the regulator has established enforcement measures to ensure total compliance, and violators will be dealt with in accordance with the law.
“All confiscated plastics will be repurposed by companies with the capacity to recycle them into thicker, approved plastics,” he said.
“We are not just enforcing the law — we are also driving a shift toward sustainable alternatives.
“The public will be sensitised on the recommended plastics and eco-friendly alternatives,” Kadewa said, while urging the public to support enforcement efforts by reporting violations.
MEPA Board chairperson, Robert Kakakoma stressed the importance of collaboration with the media in raising awareness: “As the protector of the environment, MEPA is committed to working closely with the media to ensure effective implementation of this ban.”—Additional reporting by Duncan Mlanjira, Maravi Express
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