Environmental appeals body stalls for 30 years

Malawi’s environmental governance framework is facing renewed scrutiny as government continues to delay the operationalisation of the Environmental Appeals Tribunal (EAT), a body mandated to resolve disputes arising from environmental decisions. The EAT is a specialised quasi-judicial institution established under the Environmental Management Act (EMA) to handle appeals linked to environmental impact assessments (EIAs) and related regulatory decisions. Yet, nearly three decades after its conception, the tribunal exists only on paper.

Analysis of government records and expert input shows that the failure to establish the tribunal has quietly weakened regulatory accountability and limited public access to environmental justice. The idea of the tribunal dates back to 1996, when government adopted the National Environmental Policy (NEP) and enacted the EMA. A central pillar of the policy was the creation of a dedicated judicial forum to provide expert interpretation and enforcement of environmental laws.

Thirty years later, despite feasibility studies, consultations and budgetary considerations, the tribunal—provided for under Section 69 of the Act—remains non-functional. However, experts argue these courts are often overburdened and lack the technical expertise required to deal with complex ecological matters. This has resulted in delays and weakened enforcement of environmental regulations.

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Under the law, the EAT is supposed to hear appeals against decisions made by the Minister, Director or environmental inspectors. Without it, access to “green justice” remains limited. Although the tribunal is not operational, the Environmental Affairs Department (EAD) website includes a “Tribunal Registry,” which is said to facilitate access to rulings and enforcement of tribunal decisions—despite the tribunal itself not existing in practice.

Efforts to obtain clarification from the Ministry of Natural Resources were unsuccessful by the time of publication. Ministry of Justice spokesperson Frank Namangale confirmed that the tribunal is not yet functional, attributing responsibility to the Ministry of Natural Resources. “The Environmental Management Act (2017) establishes an Environmental Appeals Tribunal to handle disputes arising from environmental decisions.

While the Act came into force on November 1, 2019, the tribunal has not yet been operationalised,” he said. Malawi Environmental Protection Authority (Mepa) director general Wilfred Kadewa described the absence of the tribunal as a “major gap” in environmental governance. He said the lack of a specialised forum reduces access to justice and weakens oversight of environmental decisions.

“The environmental tribunal must be operationalised to improve accountability,” Kadewa said on the sidelines of the Malawi Law Society annual conference in Mangochi. He warned that the delay is particularly concerning at a time when environmental pressures are increasing, raising the risk of unchecked degradation and conflicts between developers and communities.

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