Thin plastics dead
Advocates have hailed a High Court ruling on Friday that discharged an injunction by 11 thin plastics manufacturers stopping the government from enforcing their ban.
City Plastics Industry, Flexo Pack Limited, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Limited, O.G Plastic Industries (2008) Limited, Plastimax Limited, Polypack Limited, Qingdao Recycling Limited, Sharma Industries Limited and Shore Rubber (Lilongwe) Limited have lost their decade battle.

This means Malawi Environmental Protection Authority (Mepa) is at liberty to enforce the ban on thin plastics of less than 60 microns.
The matter dragged on since the government first banned their manufacturing, distribution, sale, exportation and importation in 2015.
But in his ruling, High Court of Malawi Judge Howard Pemba described the case as an abuse of court processes, saying the injunction granted to the 11 had no ‘legs’ to stand on.
Reads the ruling in part: “In view of the foregoing analysis, I am actually convinced that permission to apply for judicial review indeed would not have been granted to the claimants if the court was made aware of the numerous previous court proceedings relating to this same subject matter.

“Such successive actions in respect of the same subject matter and failure by the claimants to bring all issues together in one plate, pretty much points to some kind of abuse of the court process by the claimants.”
The judge also discharged the manufacturers’ permission to apply for judicial review on the basis that they suppressed material facts and further condemned them with costs of the proceedings.
Through their lawyer Wapona Kita, they challenged the constitutionality and legality of the Environmental Management (Plastics) Regulations of 2015.
The firms further argued the plastic regulations, before being introduced, were supposed to be laid before Parliament; hence, sought an injunction on such a basis.
On judicial review, the plastic manufacturers argued they were supposed to apply within three months after the ban was introduced, but this was delayed for nine years because of discussions relating to the ban and other court cases on the same.
Part of their submissions read: “Now that those proceedings have been concluded to finality, albeit without deciding on the constitutionality issues raised by the claimants in these proceedings, it is only right and proper for the court to extend the period for them to apply for judicial review.”
But Pemba, in his ruling, observed there was material concealed relating to previous cases by the 11 companies which was a good calling for a discharge of permission to apply for the judicial review and dismissal of the application in its entirety.
He said the arguments brought before the court were under pretext that the grounds for judicial review were new and different from those in previous reviews, a situation perceived as tactics delaying enforcement of the ban.
He criticised the “judicial misconduct”.
Pemba said it was important to put the matter to rest once and for all.
“This court is not in the habit of condoning such judicial malpractice. That has to be put to a stop now. There should be an end to litigation and this is one such kind,” further reads the ruling.
Former Attorney General Kalekeni Kaphale and Chikosa Silungwe joined the case last year, siding with the State in challenging the application filed by the 11 plastic manufacturing companies.
Kita was, however, not immediately available for comment on Saturday when Nation on Sunday reached out to him for his reaction.
But the Centre for Environmental Policy and Advocacy in its message posted on its official Facebook wall on Friday said the ruling is a huge step in the fight against plastic pollution and reaffirms government’s commitment to protecting the environment and health.
“We commend the Ministry of Justice through the Attorney General for spearheading environmental justice,” reads the message.
Movement for Environmental Action co-chairperson Mathews Malata On Saturday said it will now be imperative to promote alternatives to thin plastics.