The fight against the production and use of thin plastics in Malawi has been raging in the background following a court order recently obtained by Qingdao Recycling Limited.
The order stops the Malawi Environmental Protection Authority (Mepa) from enforcing the ban.
Court documents show that Qingdao, through its lawyer John Chisomo Kalampa, argues that the government cannot enforce the thin plastics ban without first establishing an Environmental Tribunal as provided for in the Environmental Act.
The company further argues that the ban violates economic rights of companies that produce and sell thin plastics, hence the need for a judicial review of the matter.
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Malawi introduced a ban on thin plastics—specifically those with a thickness of less than 30 microns—in 2015 under the Environment Management (Plastics) Regulations.
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The regulations prohibit the manufacture, importation, distribution and use of thin single-use plastic bags, which experts say pose a serious threat to the environment and wildlife.
However, implementation faced resistance, especially from plastic manufacturers, who challenged the law in court.
In 2019, the Supreme Court of Appeal upheld the ban, giving the government full legal backing to enforce it.
In the latest case this year, Attorney General (AG) Frank Mbeta has argued that the absence of an Environmental Tribunal cannot prevent Mepa from carrying out its mandate.
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“The process of setting up a tribunal is underway.
“However, it must be noted that the absence of a tribunal at this moment in time does not invalidate the Environmental Management Act, the Environmental Management (plastics) Regulations, or the statutory powers conferred on Mepa to enforce the ban,” reads a letter from the AG’s office.
However, on July 22 this year, High Court Judge Allan Hans Muhome granted a stay of the enforcement of the ban and allowed a judicial review to proceed on the basis that the grounds presented to the court by Qingdao were valid and within the spirit of the law.
This happened after, earlier this year, in a letter dated March 4, 2026, Mepa had notified companies and traders that it was conducting compliance and enforcement inspections in markets and trading centres nationwide and urged all traders, retailers and consumers to stop using thin plastics.
However, with the latest stay order still in force, Mepa cannot enforce the ban until the judicial review is concluded.
The thin plastics battle in Malawi has been long-running, with producers repeatedly obtaining injunctions against the ban.
