Online Reporter
Tanyaradzwa Rusike
THE Government is set to appeal against a Lithuanian court ruling upholding the seizure by the European country of 17 fire tenders that were in transit from neighbouring Belarus, which is under European Union (EU) sanctions, to Zimbabwe.
In its appeal, the Government will argue that Zimbabwe is an innocent third party and that the seizure unfairly prejudices the country, which purchased the trucks from a company not subject to EU sanctions.
Seizure of the equipment occurred in March 2023 at the Malku Bay seaport of Klaipeda, Lithuania, as the trucks were being shipped to Zimbabwe.
Lithuania’s actions were motivated by the EU’s sanctions against Belarus and Russia, which were imposed in response to the conflict in Ukraine.
The Sunday Mail has learnt that, in July 2024, Lithuania’s prosecutor-general ordered the forfeiture of the trucks for sale as part of a pre-trial investigation.
Zimbabwe’s subsequent appeal against this decision to the country’s chief prosecutor was dismissed in November 2024, with the ruling relayed to Zimbabwe on January 2, 2025.
Attorney-General Mrs Virginia Mabiza said Zimbabwe was preparing to escalate the case to a pre-trial investigation judge, as provided for under Lithuanian laws.
Zimbabwe, she said, will argue in its appeal that Lithuania’s prosecutor-general and chief prosecutor failed to consider critical factors. These include Zimbabwe’s status as an innocent third party, the lawful purchase of the fire tenders from a non-sanctioned company and the unintended prejudice against Zimbabwe resulting from the EU embargo.
The appeal will also note that forfeiture of the trucks unfairly punishes Zimbabwe, which is not subject to the EU sanctions.
“Zimbabwe is not relenting in its efforts to recover the trucks and is, therefore, considering to appeal against the chief prosecutor’s decision to a pre-trial investigation judge as provided in terms of the Code of Criminal Procedure of the Republic of Lithuania,” said Mrs Mabiza.
“The main ground of Zimbabwe’s appeal is that both the prosecutor-general and the chief prosecutor erred and misdirected themselves by failing to take the following factors into account when they decided to forfeit the fire tenders.
“These factors are that Zimbabwe is an innocent third party; and we purchased the fire tenders from a company which is not under the said EU sanctions.
“Also, the said EU sanctions are meant to stop the sanctioned companies from benefitting economically through trade, but in the present case, it is Zimbabwe that is being prejudiced despite not being under the particular EU sanctions.
“Since Zimbabwe has already paid for the trucks, the forfeiture of the said trucks, therefore, means that Zimbabwe becomes the victim of the said sanctions, which were not meant to affect Zimbabwe.”
She said the fire tenders were confiscated in Lithuania on suspicion that they were manufactured by a company under EU sanctions — EU Council Regulation EC No 765/2006.
The regulation prohibits making funds or economic resources available to certain individuals, entities or bodies in Belarus, with the intention to limit the financial resources available to those alleged to be involved in human rights abuses or supporting the Belarusian government.
The regulation also restricts trade with certain Belarusian entities or individuals, including imposing restrictions on imports and exports, as well as restrictions on investments.
It also includes travel bans on specified Belarusian officials.
Zimbabwe, Mrs Mabiza said, was preparing to send another delegation to Lithuania to explore diplomatic means of resolving the impasse.
This would be the second time Zimbabwe dispatches a delegation to Lithuania to negotiate the release of the fire tenders after a similar mission in February 2024 ended in vain.
“The Attorney-General will lead another delegation to Lithuania once a final position is taken on the intended appeal to the pre-trial investigation judge,” she added.
“This comes at a time when Zimbabwe has been rocked by a series of fires.
“During the past dry season, fires continued to wreak havoc in most parts of the country, hence the need for more fire engines cannot be overemphasised.”
According to the Environmental Management Agency (EMA)’s 2024 annual fire report, nearly one million hectares of land were burned in over 4 500 incidents, resulting in three fatalities and property losses exceeding US$720 000.
“Since the beginning of the fire season on July 1 up to November 30, 2024, a cumulative total of 982 964,33 ha were burnt from 4 554 fire incidences and three lives were lost, compared to 858 361,9 hectares burnt from 3 717 incidences and one life lost in 2023.
“A total of estimated US$721 702 of property has been cumulatively lost from key economic enablers such as agriculture, tourism, plantations and communication . . . ,” said EMA in a statement to The Sunday Mail.
Confiscation of the fire tenders represents the second time Zimbabwe-bound cargo has been seized by an EU country since the start of the Russia-Ukraine war in February 2022 and the subsequent sanctions against Moscow and Minsk.
In 2023, about 23 000 tonnes of Russian fertiliser donated to Zimbabwe were blockaded by the EU as part of the bloc’s embargo on Russia’s agricultural exports.
Zimbabwe was among several developing countries that were selected to receive a share of the 260 000 tonnes of fertiliser free of charge from Russian agro-chemicals giant Uralchem-Uralkali.
However, as a result of tightening of EU’s blockade of Russian products, Zimbabwe and Nigeria’s share of the donation was held at ports in Latvia, Estonia, Belgium and the Netherlands.
