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Malawi communities impacted by elephant translocation taking legal action

Members of local communities in Malawi are bringing a claim against the International Fund for Animal Welfare (‘IFAW’) following an elephant relocation project that is alleged to have caused the profound harm to local communities.

In 2022, IFAW was involved in the relocation of more than 250 elephants from Liwonde national park in southern Malawi to Kasungu national park on the Malawi-Zambia border, in what is understood to be one of the largest translocations of elephants ever attempted.  The communities allege that the translocation has seriously disrupted their lives in a number of ways, including:

  • Deaths of at least 12 people and serious injuries caused by elephants entering community areas and attacking people; 
  • Properties and farmland being destroyed causing lost income;  
  • Grain granaries being ransacked by elephants causing food insecurity to community members; and
  • Community cohesion and cultural life being negatively impacted by a fear by community members to gather together due the risk of attack by elephants  

An NGO, Warm Hearts, has recorded over 11,000 victims on both sides of the border who have suffered crop or property damage, personal injury or loss of a loved one, and it is estimated that millions of dollars worth of damage has been inflicted on farmers as a result of the wildlife translocation.

The claimants argue that IFAW failed to conduct proper due diligence and undertake necessary precautions in the planning, implementation and management of the wildlife translocation. In particular, the claimants argue that IFAW failed to construct a suitable boundary fence prior to the movement of the elephants. 

Leigh Day is representing 10 individuals who have suffered harm as a result from the translocated elephants. In December 2024, Leigh Day sent a letter before claim to IFAW UK, IFAW Malawi and IFAW Zambia, alleging a range of causes of action, including negligence, private and public nuisance, and breaches of constitutional rights.

The communities are primarily seeking meaningful engagement from IFAW to resolve the harms they have allegedly suffered and allow them to live safely in their communities again. Should such engagement not be forthcoming, Leigh Day has been instructed to bring claims by issuing proceedings in the High Court.

Joshua Jackson is instructed by Leigh Day. Oliver Holland is leading the team.

The claim has been widely reported, including by the Guardian, the Independent, and the Associated Press.