By Wezzie Gausi:
The High Court has granted an injunction to members of Second Hand Scrap Metal Dealers Association after the government failed to show up for an inter partes hearing for the defendant to be heard.
On May 27 2023, the Ministry of Trade and Industry announced the suspension of scrap metal exports, invoking import and export licence regulations of 2020.
The ministry claimed that the suspension would help reduce cases of vandalism of Electricity Supply Corporation of Malawi (Escom), water boards, telecommunications and transport infrastructure.
The ministry further indicated that the ban on scrap metals would run for six months, after which the ministry would review the decision.
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According to the court document, the inter partes application was scheduled for June 23 2023 but none of the defendant’s representatives showed up for hearing despite all of them being duly served with notice of the application.
“There is proof of service of the notice of the application being duly effected on the defendants and no good ground was proffered to this court by the defendants for their failure to attend the hearing. In view of these circumstances, this court allowed the claimants to proceed with the hearing in the absence of the defendants,” the document reads.
Meanwhile, lawyer for the claimants, Chimwemwe Kalua, has said he is delighted that the injunction has been granted.
He said with the injunction, the association’s members will continue to deal in scrap metals.
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“Finally, justice has been served and the claimants are free to resume their businesses with immediate effect,” Kalua said.
