Justice Howard Pemba’s discharge of judicial review of thin plastics ban puts an end for good for any other litigation

* The failure by the plastics companies to bring all issues together in one plate, pretty much points to some kind of abuse of the court process by the producers

* This Court is not in the habit of condoning such judicial malpractice — that has to be put to stop now

* There should be an end to litigation and this is one such kind—says the Lilongwe High Court January 31, 2025 ruling

By Duncan Mlanjira

The ban on production, importation, sale and distribution of thin plastics of less than 60 microns, is now in full force, through the Environmental Management (Plastics) Regulations, which the High Court sitting in Lilongwe upheld to be enforced.

The enforcement of the ban has dragged since 10 years ago when the country’s thin plastic manufacturers and importers sought legal relief through court injunctions that led the application for a judicial review, which was finally brought before Justice Howard Pemba.

During 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.

Meanwhile, the Ministry of Natural Resources & Climate Change, in collaboration with the Malawi Environment Protection Authority (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 yesterday 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.

“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.

“There will be no exceptions,” he declared, while MEPA Director General, Dr. Wilfred 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, Dr. 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.”