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Eleven plastics companies secure injunction against ban on thin plastics

By Burnett Munthali

In a significant legal development, eleven companies involved in the plastics industry have successfully acquired an injunction that prevents the Ministry of Natural Resources and Climate Change from implementing a ban on thin plastics. The ban, which was set to take effect on Tuesday, July 9, 2024, was aimed at addressing environmental concerns related to plastic waste.

The companies affected by the injunction include 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. These firms are distinct from a separate group of companies led by Golden Plastics Limited, which withdrew their case from the Malawi Supreme Court of Appeal on June 20, 2024.

The eleven companies have requested the High Court in Lilongwe to refer the matter to the Chief Justice for certification as a constitutional issue. They argue that the Environment Management (Plastics) Regulations of 2015, which underpin the proposed ban, may be unconstitutional. The regulations are designed to protect the environment by reducing plastic pollution.

This new injunction means that the government’s enforcement of the ban is suspended until further legal clarification is provided. Frank Namangale, Public Relations Officer in the Ministry of Justice, has confirmed that the Attorney General, the second defendant in the case, has been duly served with the order.

The situation remains fluid, with the outcome of the constitutional challenge likely to determine the future of plastic regulations in Malawi.

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