The new Forestry Act passed in 2020 has introduced stiff punishment for charcoal possession, with those found with charcoal facing 10 years in prison or K5 million fine.
According to the amended act, engaging in production, possession, trafficking or selling of charcoal is punishable with K5,000,000 or 10 years imprisonment under Section68(30)(a).
The same punishment will be handed to people found guilty of trafficking or possession of forestry produce without permit and of knowingly receiving forestry produce under Section68 (1(a);68(2).
Section 68 (3)(b) of the act criminalizes the possession, trafficking or sell of round wood and punishes the same with K10,000,000 or 20 years imprisonment.
Part VII of the Forestry Act provides for forest protection by providing for prohibitions against forest fires, pests and diseases and prohibiting the lighting of fires in a forest reserve, protected forest area or village forest.
The offence is punishable with 20 years imprisonment without option of a fine under section 65(1) of the Act.
According to the amended act, felling, cutting, destroying or uprooting vegetation or forestry produce from protected area is an offence under section 64(a) punishable with a fine of K5,000,000 or 10 years imprisonment.
Similar punishment also applies to those found guilty of conniving or causing another to commit section 64(a) offence and those found guilty of squatting or residing in a forestry reserve or protected area.
The new law also carries a forfeiture clause, putting the trucks and other assets used to transport charcoal at risk.
The stiff punishment relating to forestry offences come as Malawians are forced to rely on charcoal for cooking energy due to lack of access to electricity for a majority of Malawians and power outages for those with access to electricity.
Liquefied petroleum gas, which is promoted as a clean energy source, is also expensive in Malawi, with one kilogram of gas being sold at K2,956.
Speaking recently, Daniel Kabichi who is Department of Forestry’s head of law enforcement operations, said the new laws represent the country’s latest strategy to fight deforestation and the increasingly worrisome trend of illegal and unsustainable charcoal.
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