Villagers from Malawi are pursuing legal action against British multinational ABF, accusing the company of aggravating flood risks that resulted in seven fatalities in 2022.
ABF, a leading global sugar producer, owns brands such as Primark, Silver Spoon, Twining’s, Ryvita, and Kingsmill.
The residents of Kanseche village in Malawi allege that flood barriers at ABF’s Nchalo sugar plantation, managed by its African subsidiary Illovo Sugar, disrupted the Mwanza River’s natural course during Storm Ana, redirecting floodwaters toward the village and away from the sugar estate.
Consequences
The flood demolished the village, claiming seven lives, including two children. The farmland was buried under sediment, making it unusable. Even after four years, the village remains in ruins, and 500 households continue to reside in temporary shelters.
The lawsuit focuses on claims that Illovo Sugar was aware of the potential dangers to the villagers when raising the estate’s embankments.
Between 2014 and 2021, ABF and Illovo received guidance from the UK Government-funded Climate Resilient Infrastructure Development Facility (CRDF) on improving flood mitigation strategies across Southern Africa.
A 2018 report by the CRDF highlighted that the companies’ strategy of continuously elevating embankments had unintended negative impacts on neighboring areas.
Trial
The report stated: “Without considering the broader context, this approach worsens conditions outside the estates and negatively affects other growers and communities.”
The embankment surrounding the Nchalo plantation predates Illovo Sugar’s acquisition in the 1990s. The company has since repaired, fortified, and heightened it multiple times, including just before Storm Ana in 2022, according to the village’s Civil Protection Committee.
Research conducted by the UK-based NGO Water Witness indicated that the embankment intensified the floodwaters to dangerous levels, directing them toward the village.
London’s High Court recently decided that the case will proceed to a full trial, potentially addressing compensation for the villagers if they prevail. The trial is expected to occur before May 2028, likely within the next year.
Significant
Oliver Holland, a solicitor with Leigh Day International representing the villagers, stated: “ABF, like many multinational corporations, acknowledges the increased threat to its assets from climate change and is taking steps to mitigate these risks in vulnerable regions like Malawi.
“In this instance, the villagers claim that safeguarding the sugar plantation from floods has severely impacted their community.”
Dr. Nick Hepworth, CEO of Water Witness, believes this case could become a landmark UK-based legal matter related to alleged overseas environmental damage.
Responsibility
Dr. Hepworth remarked: “During my visit to Kanseche shortly after Storm Ana, I encountered families who had lost everything, standing amidst the ruins of their village and sharing their harrowing experiences of the flood.
“I heard from a boy whose father was swept away, and about a baby lost from her mother’s arms during their escape into a tree.”
He emphasized the case’s importance in securing justice for the affected communities and setting a global precedent to dissuade companies from neglecting risks to vulnerable populations and environments. He also highlighted the need for British business and human rights legislation to hold companies accountable for their actions.
An ABF spokesperson responded that the claim lacks merit and vowed to defend it vigorously.
“This claim unfairly attributes the devastation caused by a rare tropical storm, which affected a vast area of Southern Africa, to ABF.
“The magnitude of Tropical Storm Ana meant that Kanseche would have experienced severe flooding and damage irrespective of the embankments at the sugar estate.”
The spokesperson also mentioned that Illovo Sugar Malawi has actively collaborated with affected individuals, the Malawian government, and aid organizations to provide essential resources such as food, water, and shelter.
This Author
Catherine Early is the chief reporter for The Ecologist and a freelance writer and editor specializing in environmental and sustainability issues.
