The
multimillion-dollar fire engines, destined for local authorities across
Zimbabwe, were intercepted at the port of Klaipeda in March 2023 because they
had originated from a sanctioned Belarusian company.
Despite
repeated protests by Harare and assurances that the trucks were lawfully
procured from non-sanctioned entities, Lithuanian authorities disposed of the
consignment through public tender, a decision upheld by the country’s appellate
courts in November 2024.
The development
has deepened concerns about how Western sanctions are increasingly disrupting
Zimbabwe’s ability to procure essential public service equipment from friendly
nations.
The seizure has
left some Zimbabwean municipalities without critical firefighting equipment,
undermining emergency response capacity and exposing communities to greater
risks of fire-related disasters.
It has also
raised legal and diplomatic questions over the extraterritorial application of
sanctions, with Harare insisting that it was an innocent third party unfairly
punished in a dispute between the EU and Belarus.
Attorney-General
Mrs Virginia Mabiza told The Herald that the conclusion of pre-trial
investigations in Lithuania has now paved the way for Harare to press ahead
with a civil claim for damages.
“It is
important to note that not all remedies have been exhausted regarding the 17
fire tenders seized in Lithuania; only the pre-trial investigative procedures
have been concluded,” said Mrs Mabiza.
“Unfortunately,
the Lithuanian authorities proceeded to dispose of the 17 trucks through public
tenders, despite Zimbabwe’s objections.
“The next legal
step is to seek compensation for the loss suffered by the Republic of
Zimbabwe.”
In court, the
Government will argue that Lithuania violated property rights enshrined in its
own laws and international instruments by seizing and disposing of the fire
tenders without evidence linking Zimbabwe to sanctioned companies.
The civil claim
will be anchored on Article 6.272(1) of Lithuania’s Civil Code, which provides
for strict state liability where unlawful state actions cause damage.
Mrs Mabiza said
Harare remained confident of securing redress.
“Our position
has consistently been that Zimbabwe is an innocent third party and lawful owner
of the fire tenders, which were procured transparently for public service
delivery,” she said.
“The appeals
advanced arguments against the prosecutor’s resolution to sell the vehicles,
stressing that the seizure and disposal amounted to an infringement of
Zimbabwe’s property rights under both Lithuanian law and international law.”
She added, “We
remain confident in the merits of our case. While the courts did not halt the
disposal of the trucks, the next phase allows Zimbabwe to pursue damages, and
Lithuanian law provides for strict state liability in cases of unlawful seizure
or disposal of property.
“We believe
this will create a stronger basis for compensation.”
Mrs Mabiza said
that while Zimbabwe initially pursued diplomatic channels, this approach was
limited once the matter was brought before the courts.
However,
Zimbabwe is also exploring other avenues should the civil claim fail, including
taking the matter to international arbitration through the World Trade
Organisation, the European Court of Human Rights or even the United Nations.
“At present, we
are still pursuing remedies available under Lithuanian law. If these do not
yield a resolution, we may consider recourse to international fora.
“This could
include the European Court of Human Rights, the World Trade Organisation, or
even the United Nations Special Rapporteurs, given the humanitarian
implications of depriving Zimbabwe of life-saving fire-fighting equipment.”
Herald
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