Court overturns ban on thin plastics in Malawi

High Court in Blantyre has lifted the  a ban on the production, distribution and importation of thin plastics after Aero Plastics Industries, Rainbow Plastic and 12 other companies successfully challenged  the dismissal of a judicial review  on the ban.

High Court lifts  plastic ban

In June 2015, the government effected a ban on thin plastics of less than 60 microns, arguing that they pose a threat to the environment due to their delayed rate of decomposition.

But in January 2016, some 12 companies, obtained an injunction through theor lawyer Frank Mbeta against the implementation of the ban, arguing it infringed on their business rights.

They were also against the closing down of their factories and imposing fines on suspicion that they were manufacturing, distributing and or selling thin plastics.

The companies sought judicial review challenging the ban however the court upheld the ban on June 14, 2018.

However, in his determination on October 4, Justice Healey Potani said he weighed the companies’ right to seek reliegf pending appeal and thought the respondent through State Counsel dwelled too much on the merits if the previos ruling than on defending why the stay execution should not be grangted.

The government effected the ban on plastics using the 1999 Environmental Regulation Act on the management and disposal of wastes.

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che nnungu
2 years ago

These courts are useless. THis ban wasnt suppossed to be challenged in any way. It was for the health of the Nation. Agalu inu simudzamva ndithu

Ononga Sakaza
Ononga Sakaza
2 years ago

Can our court just do one good ruling, to Malawians pliz, The country is becoming crazy with your crazy rulings, whats wrong with our guys, a u rotten to core that you not see that you are harming this nation

chikoti
chikoti
2 years ago

Cso s where are you.this is worthy a country wide demo..please source money for this demo.am game on this one.tizayende from Lilongwe to Blantyre high court

Kaz
Kaz
2 years ago

Speechless

Shitholes Diarrhoea Progressive Party

Do we continue we environmental degradation? Some of the judgments leave a lot to be desired. We need lawyers who understand science. Education doesn’t end and we have a stupid judgment here. This is a shithole country. The executive is shithole. The judiciary is shithole. The legislature is shithole. The churches……… The bishops……. The fathers of Catholics kill albinos.

Ndendeuli
Ndendeuli
2 years ago

This ruling is a manifestation of how rotten the judiciary of this country has become.

Chilungamo
Chilungamo
2 years ago

The judiciary in Malawi are not just a mockery of justice, it is a laughing stock in this African sub-region.
Look, it’s the same judiciary that ruled that one crooked party with only about dubious 450,000 votes had won 2014 controversial elections. Now ndi awa akutizunza ndi corruption, nepotism.
The same judiciary used fake documents to exonerate one “stealer” in a maizegate scam, the list endless

Hora
Hora
2 years ago

The nation must abolish the following institutions on grounds of incompetence,bureau of standards,environmental ministry,inspectorate of factories , the Town’s health department and do away with the judiciary,amangolandila ndalama zaulere,Sam a Gabi Zola kuti ana tiwasiyila dziko lotani. Am sure these institutions don’t read or listen to the world news on the environment and the effect plastic has worldwide.

Chi
Chi
2 years ago

I was going to Malawi passing through Doha in Qatar I was not allowed to carry anything in plastic bag. Similarly in Kenya plastics are banned. Only in Malawi kkkkkkkk. We have no Shepherd. No wonder thieves are fighting tooth and nail for apm to be president. My president leadership 0 better Muluzi

MAbvuto akula
MAbvuto akula
2 years ago

Even a layman like me can see the stupidity of this judgment. He must have pocketed something. Our judicial system is just as corrupt. So judge feels the destruction of Malawi is the way to go. What nonsense.!!!!!

Malawi 24/7 watch
Malawi 24/7 watch
2 years ago
Reply to  MAbvuto akula

We are doom

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