Controversy over abandoned imported fish at Douala Port: Container Terminal Management denies responsibility, sets records straight.

In a recent outing, the management of the CTM, evoked laws in place to distance itself from any responsibility for the consignment of fish, some of which have begun rotting.

 To note that the company, Congelle du Cameroon, CONGELCAM, which controls 80 percent of the fish that is marketed in Cameroon, is said to have imported the consignment.

The Management of the Container Terminal, in declining responsibility for any errors as claimed by CONGELCAM, is banking on the existing laws to set records straight. The management of CTM says responsibility for the damaged fish lies elsewhere. 

Citing Decree No. 85/1278 of 26 September 1985, relating to police and operating regulations in port areas specifically Article 40 which stipulates that: "During the period of storage at the port, the goods are under the responsibility of the stevedores when they are on the quays, embankments and in the sheds”. The CTM said it cannot be held responsible for any supposed damages.

Beyond having notified CONGELCAM in March this year on the need to clear the containers, the CTM blames the fish importer for failing to act on time to clear the fish for distribution. 

Within the period of the stay of the containers at its facility, the port said: “It cannot in any way be held liable for damage, theft or fire caused to the goods or by the goods during this period”.

 Officials further cited Article 43 of the 1985 decree, which states clearly that: “Damaged or deteriorated goods, broken materials and waste remaining on the quays or medians must be removed without delay by the owner”.

The Container Terminal Management said the inspection teams of its facilities, have repeatedly established that the refrigerated containers containing imported fish were plugged on current. It puts the blame at the doorsteps of CONGELCAM for probably having imported fish of doubtful quality, adding that the company failed to keep to a promise it had made to government to remove the containers from the port, once they arrived the country.

CEMAC Customs Code ‘acquits’ CTM 

Still in efforts to set the records straight, the Container Terminal Management, has drawn the attention of the public to the specificities of the Customs Code of the Central African Economic and Monetary Community, CEMAC, of 2020 relating to issues such as what is at hand.

Article 327 (1) of the code makes clear that: “Goods in customs warehouse remain at the risk of owners, their deterioration, alteration or loss during their stay in storage cannot give rise to damages whatever the cause”.

Authorities of the Container Terminal Management further argued, bringing to play Article 327 (2), which holds that the costs of any kind resulting from the stay of goods at the port remains the responsibility of the owner.

The same code in its Article 329 (1), stipulates that: “Goods which have not been removed within three months from the date of their registration in the deposit register are sold by public auction”. 

Authorities of the Container Terminal Management of the Douala Port, are further banking on sub (2) of Article 329 of the CEMAC Customs Code, citing its provisions in relation to abandoned perishable goods. The said Article stipulates that such goods can be sold immediately with authorisation from a competent judge.

To recall that during a tripartite meeting grouping authorities and actors in the maritime and port sector alongside fish importers, staged on May 23, 2015, an agreement was reached on how best to address such conflicts.

They had agreed that the Container Terminal Management of the Douala Port has to, in case of any conflict going forward from that date, “intervenes in an exceptional and punctual way”.

CONGELCAM accused of congesting port

In addition to the several points raised, the Container Terminal Management, is also accusing CONGELACAM, of creating congestion at the port. 

According to the management of CTM, the fish importer’s failure to clear its containers of imported fish on time has limited the space for other importers. 

 Health Minister orders inspection

Meanwhile, the Minister of Public Health, Dr Manaouda Malachie, had set up a team of officials of his Ministry to inspect the quality of the imported fish and its hygienic condition.  The inspection is supposed to have taken place on June 16 and 17. 

Prior to the Minister’s decision, the Deputy Director General of CONGELCAM, Désiré Tchoumtchoua, had, during a presser on June 5, requested a sanitary inspection to determine the state of the containers.