High Court ‘saves’ govt on scrap metals

High Court Judge Howard Pemba has granted government a lifeline on the sale of scrap metals after staying an injunction which the court granted to members of Second Hand Scrap Metal Dealers Association on June 23 2023.

The injunction was granted after the State failed to appear for inter-partes hearing despite being served with a notice of application where the association, among others, sought a judicial review.

The review is based on the decision by ministries of Trade and Industry and Homeland Security who in April this year announced a six-month ban on exports of scrap metal.

The ban followed an increase in incidents of vandalism of Electricity Supply Corporation of Malawi (Escom) transformers; water boards equipment, telecommunication infrastructure and railway lines, among others.

However, in an order on August 3, Pemba stayed the injunction.

Reads part of the order: “Upon hearing counsel for the defendants herein, and upon reading the sworn statement of Neverson Chisiza in support of the application, it is ordered and directed that the order of injunction dated 23rd June 2023, that was granted herein is hereby stayed pending the hearing and determination of the defendants’ application to discharge the permission for judicial review and order of injunction granted herein.”

In an interview, lawyer for the applicants, Chimwemwe Kalua of Golden and Law, said he was outside the country and will make a decision once he returns. 

He said: “I have not seen the order because I am not in town [Malawi]. I have not seen the order and obviously when I come back, I will look at the applications made and chart the way forward.

“All I hear is that there is an order and I don’t know what else is there. I need to check the application that was taken out,” he said.

The ban, which was effected under the Control of Goods (Import and Export Licence) Regulations 2020, seeks to sanitise the scrap metal trade.

In an earlier interview, Malawi Confederation of Chambers of Commerce and Industry president Lekani Katandula, while observing that the government cannot sit and watch when assets are being vandalised, said there is need to look at accelerating rather than slowing down exports.