Zanzibar liquor importers face fresh hurdle despite court order

Unguja. The liquor shortage in Zanzibar is far from over, even after a court order granted relief to the three importers.

This is after the liquor board ordered the port management to prohibit the three companies from importing alcoholic beverages into Zanzibar, raising concerns about potential contempt of court.

This has left the importers frustrated after they had presumably met all the requirements, including paying the taxes and duties as ordered by the court.

In a letter that The Citizen has seen written to the chief executive officer of the Zanzibar Multi-Purpose Terminal, the chairman of the Zanzibar Liqour Control Board (ZLCB) instructs the management not to follow the supposed order.

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

The ZLCB justifies its position by stating that the companies lack the necessary permits for 2024 and expresses its intention to appeal the court’s decision.

“Either in relation to the court order, the Zanzibar control and regulatory liquors board has expressed the intention to appeal the decisions made by the High Court of Zanzibar. With this letter, the board is asking your good office not to allow the three companies to import alcoholic beverages into Zanzibar, writes Juma Chum, the chairman of the ZLCB.

On February 19, the High Court of Zanzibar granted an injunction requested by Zanzibar Maritime and Mercantile International Co. Ltd, One Stop Company Limited, and Scotch Store Limited, restraining the ZLCB from interfering with their operations, suspending their permits, or delaying their goods.

“That the honourable Court be pleased to order the Second Respondent (ZLCB), its rincipal officer or chairman, and/or any other responsible officer, to issue appropriate import/distribution/sales licences to the applicants, pending hearing and final determination of this matter, including the pending appeal to the Minister and related judicial review proceedings,” ordered Judge Rabia Hussein Mohammed.

The judge further ordered that the applicants be allowed to continue dealing with the importation, purchase, supply, distribution, transportation, and sale of alcoholic beverages (subject to payment of relevant taxes) pending a hearing and a final determination of the related judicial review proceedings.

Legal experts have raised concerns that the ZLCB’s directive might be seen as a deliberate attempt to undermine the court’s order, potentially constituting contempt of court.

They emphasise the need for the board to follow legal procedures and exhaust all options within the established legal framework.

Advocate Michael Mushi, in his opinion, says the only way that the board could have handled the situation with respect to the law is by filing an appeal at a higher court.

“This is a complete disregard of the rule of law; the board was first supposed to execute the court order that was issued against them by the judge instead of writing a letter to the port authorities. This, in simple terms, is contempt of court.

In another development, The Citizen has learnt that the three importers were set to meet with government authorities today to determine the appeal that was lodged in January.

The situation in Zanzibar remains fluid. It is unclear how long the standoff between the importers and the ZLCB will last and what further actions may be taken by either party.

The potential for legal consequences adds another layer of complexity to this ongoing saga.