Challenges and Opportunities in Public Interest Litigation in Environmental Matters in Malawi
PUBLIC INTEREST LITIGATION UNDER THE ENVIRONMENT MANAGEMENT ACT OF MALAWI: CHALLENGES AND OPPORTUNITIES
1.0 Introduction:
1.1 Background:
The early 90s saw the Malawi Government embark on a legal reform process in environmental areas. This was part of an effort to arrest the environmental degradation process the country was facing.[1] Recently, the legislature passed the Environment Management Act( EMA).[2] The principle objective of the legislation was said "to provide for a legislative framework for the better protection and management of the environment and conservation and sustainable use of the natural resources of Malawi."[3] One way in which the new piece of legislation attempts to fulfil the said object is the creation of a right for everyone to a clean and healthy environment and, in that respect, it makes provision for controlling and prohibiting pollution, for the establishment of environmental quality standards, and for the environmental planning, environmental impact assessment and environmental auditing, the protection of biological diversity and the ozone layer and inspection and analysis of environmental hazards.[4]
The Act makes provision for the enforcement of this right to clean and healthy environment.[5] An individual can either sue another private person who is violating this right. Alternatively, he or she can commence civil proceedings against a public officer who is supposed to enforce environmental regulations.[6]
1.2 The Legal Framework:
The Constitution of Malawi lays down several principles of national policy that are directory in nature.[7] One of these principles relates to environmental management, and is worded as follows:
The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals-
[d] The Environment
To manage the environment responsibly in order to- [i] prevent the
1.0 Introduction:
1.1 Background:
The early 90s saw the Malawi Government embark on a legal reform process in environmental areas. This was part of an effort to arrest the environmental degradation process the country was facing.[1] Recently, the legislature passed the Environment Management Act( EMA).[2] The principle objective of the legislation was said "to provide for a legislative framework for the better protection and management of the environment and conservation and sustainable use of the natural resources of Malawi."[3] One way in which the new piece of legislation attempts to fulfil the said object is the creation of a right for everyone to a clean and healthy environment and, in that respect, it makes provision for controlling and prohibiting pollution, for the establishment of environmental quality standards, and for the environmental planning, environmental impact assessment and environmental auditing, the protection of biological diversity and the ozone layer and inspection and analysis of environmental hazards.[4]
The Act makes provision for the enforcement of this right to clean and healthy environment.[5] An individual can either sue another private person who is violating this right. Alternatively, he or she can commence civil proceedings against a public officer who is supposed to enforce environmental regulations.[6]
1.2 The Legal Framework:
The Constitution of Malawi lays down several principles of national policy that are directory in nature.[7] One of these principles relates to environmental management, and is worded as follows:
The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals-
[d] The Environment
To manage the environment responsibly in order to- [i] prevent the