editor
A growing trade conflict between Tanzania and Malawi has raised significant legal and economic concerns.
The dispute escalated after Malawi imposed restrictions on Tanzanian agricultural exports, including maize flour, rice, and bananas, prompting Tanzania to retaliate by blocking imports from both Malawi and South Africa.
Agriculture Minister Hussein Bashe announced the measures on April 24, 2025, stating that the bans were essential to protect Tanzania’s agricultural sector from unfair treatment. However, the actions have drawn sharp criticism from former officials, including Professor Anna Tibaijuka, the former Minister for Lands, Housing, and Human Settlements Development. Tibaijuka, who has extensive experience in international trade law, expressed worries over the potential legal consequences of Tanzania’s retaliatory measures.
Tibaijuka pointed out that Malawi, being a landlocked country, is protected under international agreements that ensure it has the right to transport goods across neighboring countries, such as Tanzania. She emphasized two key international legal frameworks that safeguard this right:
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- The WTO/GATT 1994, Article V: This agreement guarantees that landlocked countries like Malawi can transit their goods through neighboring countries without facing unreasonable delays or barriers.
- The United Nations Convention on the Law of the Sea (UNCLOS), Articles 124-132: These articles also protect the rights of landlocked nations to use neighboring countries for trade, ensuring that no country can impose unnecessary restrictions on transit goods.
Both Tanzania and Malawi are signatories to these agreements, which means Tanzania’s actions could be seen as a violation of international law. Tibaijuka cautioned that such violations could lead to legal challenges, with Tanzania potentially facing fines or sanctions if the dispute is not resolved in accordance with the established international frameworks.
Experts warn that continuing down this path could not only damage relations between the two countries but also have broader implications for regional trade, particularly within the Southern African Development Community (SADC). If trade barriers continue to rise, it could disrupt the flow of goods and negatively affect businesses, particularly small and medium-sized enterprises across the region.
