Attorney General decries plastic companies' tactics in thin plastics ban
The ongoing legal battle highlights the tension between environmental regulations and business interests in Malawi's efforts to reduce plastic pollution.
LILONGWE, Malawi — Malawi's Attorney General Thabo Chakaka Nyirenda has criticized plastic manufacturers for using "delay tactics" and "abuse of court process" to hinder the implementation of a ban on thin plastics, writes Pemphero Musowa.
Nyirenda's comments follow a fresh court injunction against the Ministry of Natural Resources and Climate Change, filed by 11 new plastic companies.
This legal action has temporarily halted the ministry's efforts to enforce the ban.
"This is clear abuse of court process," Nyirenda said. He questioned why these companies didn't join the initial case that has been in courts for years if they had sufficient interest.
The new injunction comes after Golden Plastics Limited, which led the first injunction, withdrew its case from the Malawi Supreme Court of Appeal on June 20, 2024.
The 11 companies have also requested that the matter be referred to the Chief Justice for certification as a constitutional issue, challenging the Environment Management (Plastics) Regulations of 2015.
Nyirenda expressed disappointment that the court granted an ex-parte injunction without hearing from the ministry or his office, especially given that a similar case had recently been before the Supreme Court.
"We will challenge the injunction to have it vacated," Nyirenda said, indicating his office's intention to contest this latest legal obstacle to the thin plastics ban.
The ongoing legal battle highlights the tension between environmental regulations and business interests in Malawi's efforts to reduce plastic pollution.