Malawi Supreme Court of Appeal dismisses ‘Thin plastics’ case with costs

BLANTYRE-(MaraviPost)-The Malawi Supreme Court of Appeal in Blantyre on Thursday morning, June 20, 2024 dismissed with costs a ‘thin plastics’ case where companies in the plastic-making business were pursuing an appeal.

The dismissal follows a notice of withdrawal filed on June 19, 2024 by lawyers for the appellants, led by Frank Mbeta.

Chief Justice Rizine Mzikamanda earlier declined to grant a stay order pending the appeal to stop enforcement of a ban issued by government on thin plastics, and set today to allow parties to appear before a full bench of the Supreme Court to give directions.

But today, Mbeta, representing Golden Plastics Limited, informed the nine-member Supreme Court bench of his client’s decision to withdraw the appeal.

The Court, through the Chief Justice, accepted the request to withdraw the matter but condemned the appellants to pay costs of the case.

Attorney General (AG) Thabo Chakaka Nyirenda led the state in the matter and was being assisted by lawyers Francis MacJessie and John Chaula from his Chamber, is at liberty to enforce the ban on thin plastics.

The parties in the matter, Civil Appeal Cause No. 29 of 2021, are Golden Plastics Limited, the Minister of Environmental Affairs and the AG.

According to court document, on 24 May, 2021, the High Court (Commercial Division) in Lilongwe vacated an injunction prohibiting enforcement of the thin plastics regulations and dismissed the judicial review challenging the legality of the thin plastics regulations by the applicant, Golden Plastics Limited.

Thereafter, Malawi Environment Protection Authority ( MEPA) proceeded with inspections, enforcement actions and conducted training workshops for city and district councils on enforcement of plastics regulations.

And around July, 2021, Golden Plastics obtained a stay order at the Malawi Supreme Court of Appeal, preventing the enforcement of the High Court judgement until an appeal of that judgement was heard and concluded at the Supreme Court.

MEPA through the AG Chambers applied to have the stay order vacated.

The hearing of the application to vacate the stay order was scheduled on July 15, 2021, but later adjourned several times due to the unavailability of the judge.

Source: Ministry of Justice

Lloyd M’bwana

I’m a Lilongwe University of Agriculture and Natural Resource (LUANAR)’s Environmental Science graduate (Malawi) and UK’s ICM Journalism and Media studies scholar. Also University of Malawi (UNIMA) Library Science Scholar. I have been The Malawi Country Manager and duty editor for the Maravi Post since 2019. My duty editor’s job is to ensure that the news is covered properly, that it is delivered on time, and that it is created to the standards set out in the editorial guidelines of the Maravi Post.