Malawi authorities is now free to implement the ban on skinny plastics following the High Court in Lilongwe, at this time, which has dismissed a judicial evaluate utility filed by plastic manufacturing firms difficult the legality of the Environmental Management (Plastics) Regulations 2015 (EMR2015), which ban the manufacturing and use of skinny plastics in Malawi.
In a ruling delivered on January 31, 2025, Justice Howard Pemba not solely dismissed the appliance but additionally discharged an interlocutory injunction that had briefly halted enforcement of the rules. The choose strongly criticized the candidates for what he described as an abuse of the courtroom course of, deliberate delays, and suppression of fabric information.
Background of the Case
The case was introduced by 11 plastic manufacturing firms, together with City Plastics Industry, Flexo Pack Ltd, Jagot Plastics Ltd, and Qingdao Recycling Ltd. The firms challenged the legality of EMR2015, arguing that the rules have been promulgated with out the required advice from the National Council for the Environment, as stipulated beneath the Environmental Management Act.
The producers additionally argued that the rules weren’t correctly laid earlier than Parliament, making them unconstitutional. Based on these arguments, the candidates sought an extension of time to file for judicial evaluate, permission to proceed with the evaluate, and an injunction stopping the federal government from imposing the skinny plastics ban.
The matter was initially dealt with by Justice Mdeza, who granted all of the requested reliefs on June 25, 2024, permitting the case to proceed. However, the federal government, represented by the Minister of Natural Resources and Climate Change and the Attorney General, later filed an utility to discharge the permission for judicial evaluate and dismiss the case.
Government’s Argument: Abuse of Court Process
The authorities, by means of its authorized group led by Senior Counsel Kalekeni Kaphale, Dr. Silungwe, and Mr. Theu, strongly opposed the continuation of the judicial evaluate, arguing that:
- The candidates had repeatedly introduced comparable instances earlier than completely different courts, delaying enforcement of the skinny plastics ban for over 9 years.
- There was extreme and inordinate delay—EMR2015 was enacted in 2015, however the judicial evaluate utility was solely filed in 2024.
- The candidates suppressed materials information by failing to reveal earlier authorized proceedings wherein comparable challenges had already been dismissed, together with a Supreme Court ruling in favor of the rules.
The authorities contended that permitting this case to proceed would set a harmful precedent the place firms may repeatedly re-litigate settled issues beneath completely different grounds to evade compliance with environmental legal guidelines.
Court’s Decision
In a strongly worded ruling, Justice Pemba agreed with the federal government’s arguments, concluding that the appliance for judicial evaluate was an abuse of courtroom course of and mustn’t have been entertained within the first place.
The choose famous that:
- The candidates had beforehand challenged the skinny plastics ban in at the very least 4 different instances, together with Judicial Review Cause No. 20 of 2016, which reached the Supreme Court of Appeal and was dismissed.
- The similar plastic producers had used completely different authorized methods through the years, altering events and grounds however in the end in search of the identical end result—to dam the enforcement of EMR2015.
- The delay of 9 years in submitting the judicial evaluate was extreme and unjustified, particularly contemplating that the rules had already been upheld by increased courts.
- The candidates failed to totally disclose the earlier authorized battles that they had misplaced, which was a transparent case of suppressing materials information to mislead the courtroom.
Based on these findings, Justice Pemba discharged the permission for judicial evaluate and lifted the injunction that had been stopping enforcement of the plastics ban.
Impact of the Ruling
With the dismissal of the case and the lifting of the injunction, the Malawi authorities is now free to implement the ban on skinny plastics with none additional authorized boundaries. This ruling is a major victory for environmental safety efforts, as EMR2015 goals to cut back plastic air pollution and promote sustainable environmental practices.
The judgment additionally sends a robust warning to litigants in opposition to abusing the courtroom course of by submitting repetitive lawsuits to delay lawful authorities rules.
Conclusion
The High Court’s determination marks the tip of a protracted authorized battle over skinny plastics in Malawi. While the plastic producers could discover additional authorized avenues, the ruling reinforces the federal government’s authority to implement environmental legal guidelines within the public curiosity.
For now, Malawi is about to maneuver ahead with imposing the plastics ban—bringing hope for a cleaner, extra sustainable future.
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