Environmentalists in Malawi march to protest the use of plastic bags (COURTESY PHOTO)

Malawians used to carry their groceries around in single-use plastic bags of less than 60 microns. But soon, an alternative plan will be in force. As of August this year, the Supreme Court of Appeal issued a ban on use of plastic bags countrywide, marking a victory for environmentalists. But the ban has come at quite a price, both cost-wise and time-wise. Since 2015, the Malawian Government has been trying to implement the ban, which was repeatedly blocked.

In fact, the ban was first proposed as far back as 2011, after Rwanda's example. However, the Plastic Manufacturers Association of Malawi pleaded with the government to delay the ban, saying they needed to modify their machines to meet the recommended plastic standards.

Then in 2015, the Malawian Government issued the Environment Management (Plastics) Regulation 2015, which banned the use of thin plastic bags. The regulation specifically banned the "manufacturing, distribution, importation, sales and use of plastics less than 60 microns thick."

The regulation, however, exempts plastics used for wrapping bread, fresh meat products, fresh fish products, fresh poultry and poultry products. Other plastics that are exempted are those used for packing fruits or nuts, confectionary products, dairy products, cooked food, liquid or frozen products, small hardware items, and medicinal and veterinary products.

Why the ban?

According to Sangwani Phiri, Spokesperson of the Ministry of Natural Resources of Malawi, plastics have a lot of negative effects. Phiri says plastics never fully decompose and, as a result, the litter they create is an environmental hazard.

"When farmers plough fields and plastics are buried, plants will not grow because plastics generate excess heat. This [situation] will eventually lead to hunger," said Phiri.

Plastics have a negative effect on human health, too. According to Phiri, they produce some toxic chemicals which may cause cancer, birth defects, impaired immunity, endocrine disruption and other ailments.

Phiri also noted that plastics have greatly affected wildlife, which is a setback to tourism.

"Wild animals eat plastics, thinking that they are food. They cannot be digested and result in killing animals slowly. When the animal dies, it decomposes, but plastics do not, which results in the demise of other animals that eat the carcasses.

"Not only that; plastics poison our food chain. Small creatures like plankton eat microplastics and absorb their hazardous chemicals. The tiny, broken-down pieces of plastic displace the algae needed to sustain larger sea life that feed on them," he said.

A report commissioned by the Malawian Government, in cooperation with the United Nations Development Program (UNDP) and the Lilongwe Wildlife Trust, said the stock of fish in Malawi's largest freshwater lake, Lake Malawi, could run out by 2050 unless the use of thin plastics is restricted.

The wildlife trust said Malawi produced 75,000 tons of plastics each year, of which 80 percent cannot be recycled.

In a statement on the trust's website, Jonny Vaughan, the CEO, said, "Today's judgment [August 1] is a fantastic victory for everyone who wants to see a cleaner, healthier, and more prosperous Malawi. Public, political and scientific opinion has long been in consensus on the issue of thin plastics, and I am delighted that Malawi now joins a progressive international community standing up for their natural heritage."

Legal battle

In January 2016, a year after the Malawian Government made it illegal to produce and sell thin plastics, Aero Plastics Industries Ltd., Rainbow Plastics and 12 other companies that manufactured thin plastics in the country applied for and obtained an injunction from the court to stop the government from implementing the ban. They argued that the ban infringed on their right to do business.

The companies protested the Malawian Government's action when it resulted in the closure of their factories and the sales of plastics. In June 2018, the Malawi High Court upheld the ban after a judicial review.

However, in July 2018, another high court judge suspended the ban and ordered an inter partes (between the parties) hearing. Despite this, the manufacturers obtained another injunction stopping the government from implementing the ban. The matter was then referred to the Supreme Court of Appeal.

Although plastics were at that time still being produced and sold, several organizations, including the Lilongwe Wildlife Trust, openly expressed dissatisfaction, arguing that they pollute the country.

During the World Environment Day commemoration in June 2018 in Malawi, three companies connected to railways and aviation - Central East African Railways (CEAR), Vale Logistics and CLN - urged communities to stop using thin plastics in order to conserve the environment.

CEAR's Spokesperson Towers Ng'oma made it clear that plastic pollution had reached an alarming level which needed serious attention from the authorities.

The cries against plastic bags finally reached the corridors of the Supreme Court of Appeal and in August 1 this year, it finally released the verdict that plastic bags less than 60 microns thick are banned in the country.

Patrick Matanda, Principal Secretary of the Ministry of Natural Resources, Energy and Mining, instructed plastic manufacturers to stop producing thin plastics after the court ruling.

Matanda said all persons engaged in the manufacturing, distribution, importation, sales and use of plastics must now comply with the law or face punishment.

Alternate products

Phiri dismissed suggestions that the ban will deprive people of carrier bags when they buy things from supermarkets and vendors.

"We need to understand that things will never be the same. We have a number of things that can be used to carry shopping. Shoppers can use jute bags, cloth bags or even baskets. Our priority now is to ensure that plastics become history and the country should be cleaned," he said.

According to the UNDP, the ban means Malawi now joins a community of 62 other countries around the world that have taken action on plastic pollution by banning the production or use of single-use plastic goods.

A number of African countries have either now banned the use of low-micron plastic bags or have taxed its production. They include Kenya, Cameroon, Tanzania, Uganda, Ethiopia and South Africa.

Commenting on the development, Andrew Spezowka, UNDP Portfolio Manager for Resilience and Sustainable Growth, said the country should come up with a set of alternatives to cushion socio-economic problems that might arise from shutting down factories which manufactured the thin plastics.

The UNDP says plastics and packaging make up 29 percent of the exports of Malawi's manufacturing industry. The 15 plastics manufacturing companies currently in operation in Malawi produce an estimated 75,000 tons of plastics every year, of which some 80 percent is reportedly single-use plastics. The industry claims that 5,000 jobs could be lost if plastic bags less than 60 microns thick are banned. However, the costs of plastic pollution for municipalities, fisheries, agriculture, tourism and human health are likely to be higher than the costs of a ban, says the UNDP.

The organization noted that eliminating disposable single-use plastics will stimulate the market for more durable eco-friendly alternatives, such as recyclable and re-

useable bags and glass bottles, creating new job opportunities. This has been observed in other countries where regulations and incentives have reduced single-use plastic bag usage. Small business opportunities can be fostered and can potentially be of greater value to the poor, according to the UNDP.

(Reporting from Malawi)

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