Zanzibar: Containers and dhows carrying alcohol stuck at Malindi Port

Unguja. Twenty five containers of alcoholic beverages and seven dhows ferrying beer are stuck at the Malindi Port in Zanzibar following a refusal by authorities to release the stock despite the TRA, ZRA and other government clearing the goods.

The containers and dhows belong to ZMMI, Scotch Store, One Stop Company who claim the consignment was imported before they were denied import permits.

As a result, the three companies have now filed contempt of court case against Nicholas Eshalin, the chief executive officer of the Zanzibar Multipurpose Terminal.

Along with the port’s CEO, the importers are also suing the Zanzibar Liquor Control Board (ZLCB) alleging that despite receiving the court order, the ZLCB, through its officials, deliberately disobeyed the directions.

In the affidavit, the importers claim this action by the ZLCB amounted to disrespecting the court.

Their actions put the court “in disrepute” and “attacked the integrity” of the legal system.

 “That despite receipt of the Order the 3rd, 4th, 5th and 7th Respondents have personally, through direct conduct, disobeyed the order by directing and taking action to ensure that the orders are not executed, which deliberate conduct places the Court in disrepute, attack the integrity of the Court and the Rule of law, and acted in contempt of the Court,” reads the affidavit in part.

They also state that in violation of the rule of law by not complying with the court order, the ZLCB allegedly undermined the rule of law, which relies heavily on the integrity and reputation of the judiciary.

The affidavit asserts that the port CEO, the board and others obstructed the administration of justice in hindering the court’s ability to ensure justice is served.

The importers, through the affidavit, are seeking the court to hold the ZLCB officials in contempt of court which could potentially lead to various penalties, including fines or even imprisonment.

They are additionally seeking enforcement of the original court order, something that would compel the ZLCB to comply with the initial injunction and allow the importers to resume their business activities.

However, in another development, it seems the importers will have to wait a little longer for their application to be determined after it emerged that the judge who has been assigned is currently out of station.

On February 19, Judge Rabia Hussein Mohamed issued a ruling granting the injunctions sought by the companies after court found merit in the applicants’ application.

The court order required ZLCB to refrain from interfering with the operations or licenses of the applicants. 

This ensures their businesses can continue uninterrupted.

The board was also required to issue import/distribution/sales licenses to the applicants, which would allow them to resume importing and selling alcoholic beverages.

It further ordered the board to allow the applicants to continue their previous activities which includes purchasing, supplying, distributing, transporting, and selling alcoholic beverages with immediate effect.

Earlier this year following the board’s meeting on January 2, the ZLCB decided not to renew the licenses of the three established importers, who had served the islands for over two decades, triggering a significant beer shortage in Zanzibar.

In late February, in a letter, written to the chief executive officer of the Zanzibar Multi-Purpose Terminal, the Chairman of the Zanzibar Liquor Control Board (ZLCB) instructed the management not to follow the supposed order.

“The Zanzibar Control and Regulatory Liquors Board would like to inform you that ZMMI, Scotch Store, One Stop Company are not allowed to import alcoholic beverages due to failure to obtain permits to import alcoholic beverages in Zanzibar,” read the letter.

The ZLCB justified its position by stating the companies lacked the necessary permits for 2024 and expressed its intention to appeal the court’s decision.