The Maritime Court of Nampula, in northern Mozambique, has once again suspended the export of Boer beans to India, days after the government authorised “free access”, at a time when dozens of tonnes are still being held up.
“As a result of the Non-Specified Precautionary Proceedings (…) that are taking place in this section, (…) it is ordered that the exit and transit, by sea, of the bulk and containerised cargo consisting of cowpeas, soya, sesame and peanuts belonging to the defendants be suspended,” reads the order from the Nampula Maritime Court.
At issue is a court dispute over the liberalisation of exports, which has led to the blocking of dozens of tonnes of pigeon peas, almost all of which are bought by India.
According to the new document from the Nampula Maritime Court, the precautionary measure to stop the aforementioned products only covers five companies that produce pigeon peas in Nampula province.
Compliance with the measure must not, therefore, “paralyse, disturb or hinder the ordinary execution of other port operations”, says the court, in a document dated last Wednesday, 13 December.
Just last week, the Mozambican government instructed the Directorate General of Customs (DGA) to authorise “free access” to the export of pigeon peas, at a time when dozens of tonnes are still being held up, awaiting sale to India.
“Considering the high level of damage caused to the economy as a result of the technical barriers put in place, the Director General of Customs must instruct the services, with immediate effect, to authorise free access to exports indiscriminately for all interested economic agents,” reads the order issued by the Minister of Economy and Finance (MEF), Max Tonela.
At the end of November, the government clarified that it had appealed against a court decision that had previously banned the export of more bóer beans to India, maintaining the sale of only a quota of 200,000 tonnes of this product to the Asian country.
The Minister of Industry and Trade, Silvino Moreno, said in Parliament that the court’s decision was the result of a request from a bóer bean exporter, who is contesting the sale of more than the 200,000 tonne quota of the product to India, alleging the risk of damage to the business.
The plaintiff brought the case to court after the Mozambican authorities announced that the 200,000 tonne limit on the annual export of pigeon peas to India would cease to apply until March 2024, said the government official.
The suspension of the measure, which had been in force since 2016, followed a request from India’s Ministry of Industry and Trade for free sales of the product to the country, explained Silvino Moreno, assuring at the time that the Mozambican government had appealed the court’s decision.
The export of bóer beans to India, which is the main market for this product, is the result of a memorandum of understanding with Mozambique, signed in 2016, providing for exemption from customs duties for Indian importers.
