Total Energies Under Fire: YHRDN Threatens Nationwide Protests Over Fuel Deal

The Young Human Rights Defenders Network (YHRDN) has taken a strong stance against Prima Fuels Limited and TotalEnergies, warning of nationwide vigils and protests if the company fails to respond to the Malawi government’s demands regarding a fuel deal signed in 2001.

YHRDN chairperson Mervin Nxumayo emphasized that while respecting the court process is crucial, TotalEnergies must also acknowledge the authority of the Attorney General’s office.

Nxumayo has given Prima Fuels Limited and TotalEnergies an ultimatum of seven days to respond, cautioning that failure to do so will result in the closure of all Total Filling stations across the country.

This move is motivated by concerns that the fuel supply challenges will hinder the implementation of the Affordable Farm Input programme and disrupt power supply to health facilities, exacerbating Malawi’s already precarious economic situation.

The dispute centres around a breach of contract, with the Malawi government seeking $4 billion in damages from Total Malawi Limited for failing to honour a rebate agreement on fuel arrears in a contract, signed in 2001, granted Total SA exclusive privileges, including storage facilities and duty-free capital equipment imports.

Lawyer Wapona Kita, representing Prima Fuels, expressed enthusiasm about the Attorney General’s involvement in the case, which is currently pending arbitration proceedings.

“I am excited that the Attorney General has shown interest to join the case, it is already in court but was stayed pending arbitration proceedings,” said Kita.

Attorney General Thabo Chakaka Nyirenda on Friday confirmed that the government is actively pursuing the matter in court.

“We are in court on the case now,” Said Nyirenda.

As Malawi struggles with food insecurity, poverty, and economic volatility, the outcome of this dispute could have far-reaching implications for the country’s development.

The World Bank has Malawi’s vulnerability to external shocks, particularly climatic shocks, and the need for sustainable economic growth hence the YHRDN’s actions aim to hold TotalEnergies accountable and ensure that the government’s efforts to address these challenges are not undermined.