By Collins Mtika and Nyasa Times
A deadly flood in the village of Kanseche, Malawi, has sparked a major legal battle against Illovo Sugar Malawi and its UK-based parent company, Associated British Foods (ABF)—the multinational behind household names like Silver Spoon and Primark.
More than 1,700 villagers are suing the companies in the High Court of England and Wales.
They allege that flood defenses built by Illovo to protect its Nchalo Sugar Estate were responsible for the devastating floods that struck in January 2022, killing seven people and destroying homes.
The case reveals the often-hidden human cost behind global sugar supply chains.
The lawsuit claims that Illovo’s embankments—some as high as two meters—were meant to shield sugarcane fields from extreme weather. But during Tropical Storm Ana, these structures allegedly diverted powerful floodwaters into Kanseche, turning a natural disaster into a man-made catastrophe.
“The night of January 24, 2022, is burnt into our minds,” said Milliam Jose, a survivor. “We woke to the roar of water. It was like a monster. We climbed rooftops. We clung to trees. We watched everything we had vanish.”
With no warning system, no evacuation plan, and no flood defences of their own, villagers were caught as they slept. The floodwaters—contaminated with sewage and filled with crocodiles and snakes—trapped some residents for days.
Among the dead were a one-year-old boy and a three-year-old girl, whose bodies were never found.
A report by NGO Water Witness International supports the villagers’ claims. It argues that the flood barriers built by Illovo changed the natural flow of the Mwanza River, increasing the severity of the storm’s impact.
The report also reveals that Illovo had been warned as early as 2018 about the risks of such infrastructure but failed to act.
“We believe ABF may have built its climate resilience at the cost of vulnerable communities,” said Dr Nick Hepworth, CEO of Water Witness. “This case is not just about sugar—it’s about justice in the age of climate change.”
The villagers are being represented by UK law firm Leigh Day.
Lead attorney Oliver Holland described the embankments as “walls that shielded the plantation while sending floodwaters straight into Kanseche.”
The case also raises serious concerns about land rights and corporate power. Under Malawi’s outdated 1965 Land Act, foreign companies like Illovo can obtain land leases for up to 99 years, often displacing local communities.
Kanseche, located dangerously close to the river, is just one of many villages left in a vulnerable position.
Martin Phiri, a farmer who lost fields the size of three soccer pitches, said, “We’ve lived under pressure for decades. This flood just made our powerlessness undeniable.”
This is not the first time Illovo has faced controversy. In Chisita, in Malawi’s central region, more than 400 farmers have been fighting since 1979 to reclaim 600 hectares of land they say was taken by Illovo without fair compensation.
Investigations by Malawi’s Ombudsperson and local authorities have found evidence supporting their claims. Even Chief Stowell Kanyenda, who originally handed over the land, later testified under oath that the arrangement was supposed to be temporary.
Over three years after Tropical Storm Ana, many Kanseche residents remain displaced. They live in overcrowded government shelters with limited access to food, clean water, and education.
In desperation, some have tried to harvest sugarcane from Illovo-owned land—only to be chased away or allegedly assaulted by company security guards.
ABF denies any wrongdoing and says all flood protection measures complied with legal and environmental regulations. However, since the lawsuit was filed, the company has offered little public explanation of the events.
Meanwhile, Illovo Sugar Malawi continues to export its products to the UK, EU, and U.S., working with major brands including Coca-Cola and Silver Spoon.
But most consumers are unaware of the human and environmental consequences behind the products they buy.
“This case isn’t just a local dispute,” said Dr Hepworth. “It’s a symbol of what’s happening globally—where the most vulnerable communities pay the highest price for goods consumed thousands of miles away.”
For the people of Kanseche, this lawsuit is not just a plea for compensation. It’s a demand for recognition, accountability, and dignity. As the case unfolds in the courts of London, the bitter truth behind each spoonful of sugar becomes harder to ignore.
