The Delivery Duty Unpaid (DDU) method of importing fuel into the country has been temporarily held back, following an injunction obtained by the  Fuel Tankers Operators Association (FTOA). In reaction, the National Oil Company of Malawi (Nocma) applied to dismiss the injunction, which was rejected by the High Court.

Judge Charlotte Malonda said she concluded that Nocma would not be prejudiced or suffer great injustice should a stay not be granted. “Granting the suspension will vacate the injunction and, as indicated, the primary principle is that a successful litigant should not be denied the fruits of his litigation. Based on this principle, I find that granting the stay without any cause for doing so will occasion injustice to the claimant.” said Malonda.

The DDU systems involves the seller or supplier assuming all the risks for delivery of the product from external depots at the ports to various internal depots in the country. The FTOA described DDU as an illegal system since the local importer only takes charge of the products after it is delivered on site at local depots in the country.