Tanzania’s ministry of agriculture rescinds decision on export and import ban on agricultural produce to and from Malawi

* Malawi is a landlocked country and is, therefore, protected by international laws regarding the transport of goods through neighbouring countries like Tanzania

* The WTO/GATT 1994 agreement: Article V—Freedom of Transport, protects the rights of landlocked countries and gives them the right to transit goods through neighbouring countries in the best and safest way

* Goods in transit should not be detained or delayed without a valid reason and unfortunately retaliation is not considered as such if you did not follow the legal procedure

By Duncan Mlanjira

Through its Plant Health & Pesticides Authority (TPHPA), Tanzania’s ministry of agriculture has rescinded the decision she made on export and import ban on agricultural produce to and from Malawi.

This follows a decision that Tanzania’s minister of agriculture Hussein Bashe to effect the ban, which he posted on his X page and was widely criticised by that country’s analysts, who observed that it was “not a cabinet resolution”.

A statement issued yesterday by TPHPA’s director general, Prof. Joseph Ndunguru says “Tanzania has enjoyed a cordial trade relationship with Malawi in various agricultural produces”, adding that both countries ratified regional and international trade guidelines given by Intra-African Phytosanitary Council (IAPSC) and International Plant Protection Convention (IPPC).

“The two guidelines require that National Plant Protection Organisations (NPPO) regulate the importation of agricultural produce, particularly with respect to phytosanitary integrity of consignments of plants and plant products.

Ndunguru explains that the TPHPA is that country’s national plant protection organisation mandated by Plant Health Act (2020) and tooled with Plant Health Regulations of 2023 (with amendments of 2024) — giving it the responsibility for preventing the introduction, establishment and spread of quarantine and regulated quarantine pests to Tanzania,

“Following the recent reach out of the Malawian government to the government of the United Republic of Tanzania in the aftermath of the announcement of the ban, to initiate and engage on diplomatic dialogue in order to resolve the problem, Tanzania is lifting its ban on export and import of agricultural produce to and from Malawi.

Ndunguru says the lifting of the ban is effective yesterday, April 25, “until further notice paving way for a diplomatic ministerial discussion which will be held on May 2, 2025.

Meanwhile, Tanzania’s former Minister of Lands, Prof. Anna Tibaijuka also responded to the trade dispute that Bashe initiated, which she described as a provocation on the part their part, which they were responding to with “blows”.

She observed that the blows would “turn back to Tanzania” and advised that “peace talks are important otherwise Tanzania could be fined heavily because it will be seen as having taken the law into its own hands and taking revenge”.

Through X page Prof. Tibaijuka said “Malawi is a landlocked country and is, therefore, protected by international laws regarding the transport of goods through neighbouring countries like Tanzania”.

“The WTO/GATT 1994 agreement: Article V—Freedom of Transport, protects the rights of landlocked countries and gives them the right to transit goods through neighbouring countries in the best and safest way.

“Goods in transit should not be detained or delayed without a valid reason and unfortunately retaliation is not considered as such if you did not follow the legal procedure.

“No discrimination is allowed in favour of the goods of the country providing the transit or of another country, no duty or customs duty should be levied on goods in transit except for legitimate administrative costs, because Tanzania is not legally allowed to block or delay Malawian goods as a means of retaliation.

“If Tanzania had a complaint, it should have gone through the WTO procedure, or SADC, not unilateral measures, secondly the United Nations Convention on the Law of the Sea (UNCLOS), Part X (Articles 124–132)  protects the rights of landlocked countries by force.

“Also Article 125, landlocked countries have the right to freely transit their goods through neighbouring countries using any mode of transport. Neighbouring countries should not impose unnecessary restrictions or impede such transportation.

“Malawi and Tanzania are both members of UNCLOS, so this right has international legal force,” said Tibaijuka, based in Nairobi as director of UNHABITAT, who also served as coordinating director for on these issues at UNCTAD/WTO Geneva.

Several other analysts criticised Bashe’s decision which was observed as not been sanctioned by the country’s Cabinet, which he was just flexing muscles to exert so much pressure on Malawi to capitulate to its demands to reverse the agricultural trade importation ban.

In his analysis published by Tanzania Digest ahead of the effectiveness of the ban, Tanzanian development administration specialist, Rutashubanyuma Nestory, defended decisions by Malawi restricting importation of agricultural produce, she has genuine internal trade concerns which should not be swept under the carpet by the Tanzanian government.

Nestory —  who is reported to have over 30 years of practical experience, and has been writing media economic developmental analyses in print and digital newspapers — said offered solutions that include using SADC to settle the trade war.

He said: “SADC is there to fix these trade thistles — sadly, all members of SADC seldom use it as they should. SADC shouldn’t be an opportunity for our telegenic politicians and bureaucrats to showcase their latest design suits but to engage in interactive dialogue, and solve real problems like these.”

When the Malawi public was panicking, Information Minister Moses Kunkuyu assured people on behalf of the government that they are committed to resolve the trade standoff through dialogue and diplomacy.

He also downplaying fears that the situation could disrupt bilateral relations or existing trade arrangements, emphasising that the government has always engaged with her neighbours on a number of bilateral relations.

He stressed that the government was using proper channels for negotiations using the two countries’ diplomatic missions in Tanzania and Malawi, whose diplomats were in constant communication to achieve a win-win outcome for both countries.

The ban was imposed last month by Minister of Trade Vitumbiko Mumba after it was  gazzeted in Parliament — blocking imports of flour, rice, ginger, bananas and maize designed as a temporary measure to protect local producers.

“It is a strategic move to create an environment where local businesses can thrive without the immediate pressure of foreign competition,” Mumba told Parliament last month.