Malawian villagers take legal action against Primark owner Associated British Foods after flooding destroyed their village and left seven people dead 

The 1,729 residents of Kanseche village in southern Malawi claim flood defences built to protect the sugar estate from the nearby Mwanza River and the effects of climate change diverted floodwater into the village in January 2022 with devastating consequences.

The Nchalo sugar plantation is operated by Illovo Sugar (Malawi), which is a wholly owned subsidiary of Associated British Foods plc (ABF). ABF is the second largest producer of sugar in the world and owns a range of household brands including Primark, Silver Spoon, Twinings, Ryvita and Kingsmill. 

ABF says the presence of the embankment, which is part of the sugar estate’s flood defences, would not have exacerbated the impact of the flooding on Kanseche village. 

The flood happened during the night of 24 January and morning of 25 January 2022 during Tropical Storm Ana. Many Kanseche residents were asleep when the floodwater entered their homes. There was no warning system to alert them. They describe a night of terror and confusion, with people forced to climb trees in the dark to escape the fast-flowing water, which quickly reached two metres deep and carried several people away. 

The law firm Leigh Day, which is bringing the legal claim on behalf of the community, has been informed that seven people died in the flood, including a three-year-old girl and a one-year-old boy. None of their bodies have since been found.    

After the initial flooding, the village remained cut off for three days, with most people forced to remain in the trees with no access to food or clean drinking water. Some attempted to survive by drinking the dirty floodwater which made them sick. Others saw crocodiles in the water below or had to fend off dangerous snakes in the trees before eventually being rescued.    

The flooding destroyed every building in the village and left farmland in the area covered by a thick layer of sediment and rendered unusable. The villagers, who relied heavily on farming for their livelihoods, lost all their possessions, including crop stocks and animals which they have been unable to replace.    

A once prosperous and self-sufficient community, who lived in Kanseche village for generations, now suffer from food shortages and intense water instability. In desperate times, some have attempted to take sugarcane from their sugar estate neighbours, which has resulted in allegations of violent beatings from Illovo’s security guards.    

Having lost all their school equipment and uniforms to the flood, the children’s education also suffers as they have been unable to replace these items and are sometimes prevented from accessing school without them. More than three years on, the village is yet to be rebuilt and its residents remain in temporary make-shift homes on new land provided by the government.   

The flood defences around the Nchalo sugar plantation, including along the boundary with Kanseche village, consisted of a simple earth embankment, up to two metres high. In their claim, the villagers allege that the embankment constrained the natural flow of the Mwanza River during Storm Ana, causing floodwater to be channelled away from the sugar estate and directly towards the village. The villagers also allege that the owners of the plantation, Illovo Sugar (Malawi), were previously aware of the flooding risks to the Kanseche village due to the embankment but did nothing to address or mitigate them.   

Lawyers at London-based law firm Leigh Day have issued proceedings in the High Court of England and Wales on behalf of the residents of Kanseche against ABF plc, alleging the company was aware of the risks posed by the poorly built flood defences and is consequently liable for the loss and damage they have suffered as a result of the flooding. As well as losing loved ones, homes and livelihoods, many survivors suffered physical injuries after being hit by debris and the majority have suffered significant psychological trauma due to their experiences.   

The legal claim is being brought in the High Court in London because ABF plc is based in the UK and therefore falls within the jurisdiction of the courts of England and Wales. The residents of Kanseche allege that ultimate responsibility for the impact of the flood defences, including environmental risks as a result of climate change, lay with ABF plc and want to hold the company to account for its impact on their lives.

The residents of Kanseche are represented by Leigh Day international team partner Oliver Holland, with support from Water Witness teams in Malawi and the UK.  

A report released today by UK-based NGO, Water Witness says its investigations show that the embankments affected the path and height of the flood waters, allegedly turning them deadly. The report also details how Illovo Sugar Malawi has been exporting sugar around the world, including to “various European countries, the UK and the USA, for more than 50 years”.  This includes major food and beverage companies such as UK sugar brand Silver Spoon, which is also owned by ABF.   

Members of the Kanseche village community have described their experiences on the night of the flooding.  

24-year-old mother of one, Milliam Joseph, lost her shop business in the flood. She narrowly escaped with her life and the life of her unborn child during the flood. She said:  

“It was a horrible experience. I nearly drowned when I was being transported in a boat to safety. I fell into the water but luckily enough I grabbed a tree log that was floating near. I was pregnant when this happened.”   

18-year-old Petro Thayo was a school student at the time of the flood. The flood severely impacted his education and his dreams of becoming a doctor. Reflecting on the flood, he said: 

“I was in the tree for three days. I felt like I was in hell. The water was terrifying because if I fell in, I would die. I could see my house being washed away.”

47-year-old Marry Deniva, who lost everything she owned in the flood, said: 

“Everything was destroyed in the flood. I now live a terrible life; I lost everything down to the clothes I was wearing.”  

Leigh Day partner Oliver Holland said:  

“Our clients claim that the construction of these flood defences effectively safeguarded the sugar plantation and its profits at the expense of their homes, livelihoods and, in the worst cases, their lives.  

“Like many multinational companies, ABF is acutely aware of the heightened threat posed to its crops and other assets by the climate crisis and is actively working to mitigate those risks across its vulnerable supply chains, such as those in Malawi. In this case, protecting the sugar plantation from flooding has allegedly come at a horrific cost to the people living nearby.

“Since the flood, our clients have been living in deplorable conditions, facing increasing desperation due to food shortages and lack of clean water. They are determined to seek justice and have issued legal proceedings in the High Court of England and Wales against Associated British Foods Plc, the company they believe is ultimately responsible for the destruction of their community.”  

Dr Nick Hepworth, CEO, Water Witness International, said:  

“This tragic case- which involves the deaths of children and the displacement of thousands of people- deserves global attention and outrage.

“We believe our investigation raises questions about whether ABF, a top-ranking British multinational, built its own climate resilience at the expense of vulnerable communities by diverting floodwaters away from their plantations in this way. We have documentation that we consider shows the Illovo Group was warned of the risks of raising their embankments as early as 2018. 

“Our research shows Illovo Sugar (Malawi) has supplied sugar to the EU and UK including to household brands like Silver Spoon and Coca Cola. As consumers we should demand a fair water footprint from the goods we’re sold, and companies must ensure that their production does not drive human rights and environmental harms. 

“The people of Kanseche, still living in temporary shelters three years on, deserve justice.”