n Malawi Law Journal - The criminal sanction under the Environment Management Act of Malawi: a critical analysis




Subject to the Constitution, the Environment Management Act No 23 of 1996 (EMA) is the supreme law governing environmental issues in Malawi. This Act relies for its enforcement predominantly on criminal sanctions. This article examines the provisions creating crimes under the EMA and argues that most of them are inconsistent with the Constitution and at times make no sense in certain respects. Given the importance that the Act attaches to criminal sanctions, it is important that a comprehensive review of the Act and its criminal law provisions is undertaken to ensure the effective and optimal protection of the environment.


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