Justice Lovemore Chikopa of the Supreme Court of Appeal in Blantyre has reserved his ruling to a later date in a case which the state wants the court to vacate a stay order which was obtained by Golden Plastics Manufacturers restraining government to enforce a ban on thin plastics.
The state also wants the case to be dismissed.
Plastic manufacturing companies obtained the stay order in July 2019 pending appeal of a the case which was dismissed by the lower court.
Among other arguments, the Attorney General, Thabo Chakaka Nyirenda, who is representing the state, said the documents used to obtain the stay order were filed by the then lawyer, Violet Jumbe, who was suspended by the Malawi Law Society on professional misconduct.
He further argued that if the environment is destroyed by the thin plastics, there is no way anyone can compensate the destruction let alone the population of almost 20 million Malawians who might be affected.
On the other hand, lawyer for Golden Plastics Manufacturers, Madalo Banda, argued that the legislations which the minister sanctioned were not inline with Section 58 of the constitution since they were not brought before Parliament and that the ban is a violation of economic activity.
