By Isaac Salima:
Chief Justice Rizine Mzikamanda Monday turned down Golden Plastics Limited’s application for a stay order to stop government from enforcing a directive it issued on thin plastics.
According to the Ministry of Justice’s Facebook page, lawyer Frank Mbeta—who is representing the company in the case— had applied for the stay order when parties appeared at the Supreme Court of Appeal in Blantyre to submit documents that would help the court to reconstruct a file following the missing of the initial file.
The application was meant to extend operation of the stay order granted earlier.
However, the Chief Justice turned down the application.
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The ministry indicates that the Chief Justice was not convinced with grounds advanced by Mbeta in his application for the stay order.
“The Chief Justice has further ordered that the matter be brought to the full bench of the Supreme Court on June 6 2024 to allow the court to give instructions on the matter before hearing the appeal by Golden Plastics against an earlier ruling by the High Court,” the ministry says.
The development means that government remains at liberty to enforce the regulations made in relation to the thin plastics’ ban.
Attorney General (AG) Thabo Chakaka Nyirenda, who is being assisted by other lawyers from his chamber, is representing the State.
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On April 18 2024, the Chief Justice observed that there were two options on the matter; reconstruction of the file or rehearing of the matter.
Parties to the matter, Civil Appeal Cause No. 29 of 2021, are Golden Plastics Limited, the Minister of Environmental Affairs and the AG.
In 2021, the High Court’s Commercial Division sitting 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 Supreme Court of Appeal, effectively 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.
