Alleged Unconscionable Conduct by Eazy Borehole Drillers

The Secretariat received a complaint alleging that Eazy Borehole Drillers was engaged in unfair trading conduct. The Complainants alleged that they paid MK 2,700,000.00 as full payment for drilling a 60-meter deep irrigation borehole at Thondwe; and MK 1,350,000.00 as part payment for another 60mdeep borehole at their household use at Naisi Spur in Zomba.

However, for the first borehole at Thondwe, the Respondent allegedly drilled only a 35m borehole which did not yield any water. Likewise, the borehole that was drilled at Naisi Spur did not meet the required specifications in terms of depth and water yielded.

The investigations launched by Secretariat established that the Respondent engaged in unconscionable conduct contrary to Section 43(1)(g) of the CFTA as the Respondent was paid for drilling services of two boreholes with a minimum depth of 60m but only drilled around half the depth that was agreed.

Based on the above, the Commission made the following orders:

  1. The Respondent should pay a fine of Five Hundred Thousand Malawi Kwacha (MK 500,000) for violation of Section 43(1)(g) of the CFTA.
  2. The Respondent should complete drilling of the borehole at Thondwe to the prescribed 60m depth.
  3. The Respondent should complete drilling of the borehole at Naisi to the prescribed 60m depth.
  4. The Respondent should cease and desist from engaging in unconscionable conduct.