Fuel tankers sue Buluma for contempt of court

Fuel Tankers Operators Association has dragged Acting Chief Executive Officer (CEO) for National Oil Company of Malawi (NOCMA), Hellen Buluma, to court of disobeying a court order of 26th April 2021 by using the DPU incoterm in importing fuel which similar to the DDU incoterm.

The court restrained the NOCMA, as the first respondent and Buluma as second defendant, from using DPU when importing fuel.

Helen Buluma

In his sworn statement, which Nyasa Times has seen, an executive member of the association, Smart Kalua, is demanding that Buluma should be fined or committed to prison for defying a court order.

“I know that at one point in time, the 1st respondent was using the delivered duty unpaid (DDU) incoterm in importing fuel into the country. Under the delivery duty unpaid incoterm the seller delivers the goods to the buyer, not cleared for import, and not unloaded from arriving means of transport at the named place of destination; the seller bears all costs and risks involved in bringing the goods to the named place other than duty (which includes the responsibility for customs formalities and payment of those formalities, duties and taxes) for import into the country of destination; the buyer is responsible for payment of all customs and duties and taxes.

“I also know that the DDU incoterm is no longer used in contracts and was replaced by the delivered at a place (DAP) incoterm. I attach hereto two documents marked “SKI” and “SK2” being print outs showing how the DDU incoterm works and that it was replaced by DAP incoterm,” reads the sworn statement in part.

The High Court in Lilongwe has since set March 2, 2022, as the date it will hear the case.

“TAKE NOTICE that the Court can impose imprisonment, or a fine, or both for contempt of court and may deal with the application in the absence of the 2nd Respondent/the Alleged Contemnor if she does not attend the hearing of the application.

“TAKE FURTHER NOTICE that the statement of SMART KALUA attached hereto and served herewith in terms of Order 30r6 CPR shall be used in support of this application,” reads the court summons.

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