Mozambique's Administrative Tribunal has rejected a request by Companhia Industrial da Matola (CIM) to suspend the ministerial decree governing rice and wheat imports, leaving in force the regulatory framework that assigns the Instituto de Cereais de Moçambique (ICM) responsibility for coordinating the import process. The ruling comes amid sustained private-sector opposition to the centralised import model, which has generated sharp divisions between business operators and public authorities.

The decision is set out in Ruling No. 152/2026 of the First Section of the Administrative Tribunal, dated 3 November and published on Friday, 13 November, following an injunction application filed by CIM against Ministerial Decree No. 132/2025 of 31 December.

In its reasoning, the judges found that CIM had failed to demonstrate that the temporary continuation of the rules would cause it irreparable or difficult-to-repair harm, and that the company had not presented sufficient grounds to justify a provisional suspension of the legal instrument.

The tribunal also determined that halting the application of the decree could undermine the public interest associated with the organisation of national cereal supply, given the importance of rice and wheat to domestic consumption and market stability.

Despite the rejection, the ruling does not constitute a definitive assessment of the legality of the import regime. The matter will continue to be examined in the principal proceedings, and CIM may appeal to the Full Bench of the Administrative Tribunal within ten days of receiving formal notification.

The dispute originated in October when the ICM suspended the import activities of CIM, África Indústria and Pembe Mozambique, citing alleged non-compliance with established procedures for bringing cereals into the country.

At the time, the institute announced the seizure of 34,300 tonnes of cereals, including 3,300 tonnes of wheat belonging to CIM, 6,000 tonnes of wheat from Pembe Mozambique and 25,000 tonnes of rice from África Indústria.

"The Administrative Tribunal rejected the request for provisional suspension of the effectiveness of Ministerial Decree No. 132/2025 of 31 December" — Instituto de Cereais de Moçambique (ICM)

The ICM subsequently lifted the restrictions imposed on Pembe Mozambique and África Indústria, while the dispute with CIM remained unresolved. CIM continues to contest the legality of the measures applied to its operations.

The company has accused the ICM of imposing an illegal monopolistic regime on imports, arguing that the centralisation of the process violates the existing legal framework and introduces additional burdens on economic operators.

Among the irregularities identified by CIM are mandatory pre-registration requirements for importers, the levying of charges it considers unlawful, and interference in foreign exchange operations which, the company argues, fall under the exclusive jurisdiction of the Bank of Mozambique.

The Ministry of Economy and the ICM, for their part, contend that the new mechanism is designed to strengthen import oversight, guarantee national supply and combat irregular commercial practices, including invoice over-valuation and duplicate invoicing.

According to estimates previously presented by the institute, these practices cause the state annual losses of approximately US$100 million. The ICM maintains that centralising operations will reduce irregular capital outflows and improve controls over imports of essential food commodities.

The model began to be applied in February this year to rice imports and was extended to wheat in May. Implementation has faced resistance from private operators, who question its effects on competition, import costs and business continuity.

In October, the Confederação das Associações Económicas de Moçambique (CTA) called for the suspension of the regime, citing an absence of legal basis and potential incompatibilities with the country's international commitments. The organisation expressed concern over the impact of the new rules on investment and the operations of importing companies.

Source: Diário Económico
Original article: https://www.diarioeconomico.co.mz/?p=561880