A unified response to the injunction against the thin plastics ban

Our joint statement

We, the undersigned civil society organisations working in the environmental sector, have learned with shock and disbelief that on 9 July 2024, eleven plastic companies obtained an injunction from the High Court in Lilongwe to stop the Malawi Environment Protection Authority (MEPA) from enforcing the ban on thin plastics under the Environment Management (Plastics) Regulations (2015).

This injunction follows years of litigation that has had the courts of Malawi continuously ruling on the same issue regarding the ban on thin plastics. At this juncture, the people of Malawi cannot allow every new crop of plastic companies to enter the High Court and make a mockery of democracy and judicial process. We find that the plastic companies – namely City Plastics Industry, Flexo Pack Ltd, G. Plastics Wholesale and Retail, G.S Plastic Industry, Jagot Plastics Ltd, O.G Plastics Industries (2008) Ltd, Plastimax Ltd, Polypack Ltd, Qingdao Recycling Ltd, Sharma Industries, and Shore Rubber (Lilongwe) Ltd – are responsible for blocking every Malawian’s realisation of a clean and healthy environment.

Furthermore, we note that these eleven companies are seeking the same relief that was sought by other plastic companies in multiple court actions from 2015 through to 2023. We find that their request for leave to judicially review the ban on thin plastics is a serious mockery to our justice system, as the matter had already been dismissed by the Supreme Court of Appeal five years ago in 2019. As rightly observed by the Attorney General: “If these companies indeed have sufficient interest in the case, what made them not join that initial case that has been in the courts, the High Court and the Supreme Court, for years?” The changes in the names of those who move the courts does not change the substance of the matter – that the importation, manufacture, trade, and commercial distribution of thin plastics of less than 60 microns was correctly prohibited.

The manner in which the ban on thin plastics has been relentlessly blocked by repetitive injunctions has convinced us that the goal of these plastic companies and the entire plastic industry is to use the courts as a shield for continued pollution of the environment.

Malawians are not naive to the dangers of plastic pollution. Thin plastics do not decompose when dumped in the environment, they pose significant disposal challenges, release toxic substances when burned, harm livestock and wildlife, clog storm drains, provide breeding grounds for disease-causing pathogens, and reduce the ecosystem’s aesthetic value.

The injunctions against enforcement of a thin plastics ban remind us how far we have fallen behind in the pursuit of a plastic-free nation, when other African countries including our neighbours have successfully effected a ban on different forms of plastic.

However, civil society organisations would like to remind the eleven companies and their allies that obtained the current injunction that Malawians agreed to uphold the right to a clean and healthy environment. This right is enshrined in Section 13 of the Constitution of the Republic of Malawi, the supreme law of the land. It must be made clear that this right cannot be bartered with narrow-minded business interests of a select few individuals owning plastic companies. The right is non-negotiable. We value the greater good of ecosystem services that are derived from the environment.

As such, while we respect the rule of law and welcome investors in Malawi, our country has no room for those who prioritise obscene profits over environmental stewardship. We will not tolerate irresponsible investments that harm our environment. Under our watch, we will fiercely defend our nation and our children’s future. The only amicable path forward is through sustainable and responsible investment, in alignment with enabler seven of Malawi’s 2063 Vision and Environmental, Social, and Governance (ESG) principles.

We extend our gratitude to all Malawian companies promoting eco-friendly alternative carrier bags to prevent further environmental pollution. We urge all Malawians to support these businesses.

Our demands

• MEPA through the Attorney General’s Office should immediately fight and vacate the injunction obtained by plastic manufacturers at the earliest time possible.
• Malawian citizens should reject any thin plastics found on the market. Do not buy or take any thin plastic packaging material if you cannot re-use it. Please use alternative carrier bags.
• Government should support to eco-friendly enterprises with tax incentives and an enabling environment for businesses that produce sustainable packaging materials.
• Plastic manufacturers should stop abusing the judiciary with unnecessary injunctions as a tactical approach to derail implementation of the Environment Management (Plastics) Regulations (2015).
• The judiciary should defend the Constitutional right of Malawians to a clean and healthy environment.

Enough is enough!

Signed and done in solidarity with the following institutions on 16 July 2024:

1. Coordination Union for the Rehabilitation of the Environment
2. Civil Society Network on Climate Change
3. Association of Environmental Journalists
4. National Youth Network on Climate Change
5. Centre for Environmental Policy and Advocacy
6. Churches Action in Relief and Development
7. Malawi Environmental Endowment Trust
8. Lilongwe Wildlife Trust
9. Mulanje Mountain Conservation Trust
10. Participatory Ecological Land Use Management
11. Sustainable Development Initiative
12. Leadership for Environment and Development
13. Wildlife and Environmental Society of Malawi
14. Movement for Environmental Action
15. Malawi Creation Care Network
16. Consumers Association of Malawi
17. Evangelical Association of Malawi
18. Catholic Development Commission
19. Lake Chilwa Basin Management Trust
20. Point of Progress
21. Beyond Our Hearts Foundation
22. Eagles Relief and Development Programme
23. Action Aid Malawi
24. Outreach Scout Foundation
25. African Parks
26. Centre for Social Concern and Development
27. Health Education Environment and Economic Development
28. Planet Defence
29. Malawi Economic Justice Network
30. CONGOMA – Sector Technical Forum