AG CHAKAKA NYIRENDA WINS ANOTHER CASE: Supreme Court dismisses with costs ‘thin plastics’ case

The Malawi Supreme Court of Appeal in Blantyre has this morning dismissed with costs a ‘thin plastics’ case where companies in the plastic making business were pursuing an appeal.

The dismissal follows a notice of withdrawal filed yesterday by lawyers for the appellants, led by Frank Mbeta.

The Chief Justice Hon. Rizine Mzikamanda earlier declined to grant a stay order pending the appeal to stop enforcement of a ban issued by government on thin plastics, and set today to allow parties appear before a full bench of the Supreme Court to give directions.

But today, Mbeta, representing Golden Plastics Limited, informed the nine-member Supreme Court bench of his client’s decision to withdraw the appeal.

The Court, through the Chief Justice, accepted the request to withdraw the matter but condemned the appellants to pay costs of the case.

Now, government, which was being represented by the Hon. the Attorney General Thabo Chakaka Nyirenda and was being assisted by lawyers Francis MacJessie and John Chaula from his Chamber, is at liberty to enforce the ban on thin plastics.

The parties in the matter, Civil Appeal Cause No. 29 of 2021, are Golden Plastics Limited, the Minister of Environmental Affairs and the AG.

Background of the case is that on 24 May, 2021, the High Court (Commercial Division) in Lilongwe vacated an injunction prohibiting enforcement of the thin plastics regulations and dismissed the judicial review challenging the legality of the thin plastics regulations by the applicant, Golden Plastics Limited.

Thereafter, Malawi Environment Protection Authority ( MEPA) proceeded with inspections, enforcement actions and conducted training workshops for city and district councils on enforcement of plastics regulations.

And around July, 2021, Golden Plastics obtained a stay order at the Malawi Supreme Court of Appeal, preventing the enforcement of the High Court judgement until an appeal of that judgement was heard and concluded at the Supreme Court.

MEPA through the AG Chambers applied to have the stay order vacated.

The hearing of the application to vacate the stay order was scheduled on July 15, 2021, but later adjourned several times due to the unavailability of the judge.