THE Government is exploring all legal avenues, including international arbitration, to recover 17 fire tenders that were seized by Lithuania last year while being shipped from neighbouring Belarus, which is under European Union (EU) sanctions, to Zimbabwe.
The equipment was seized in March 2023 at the Malku Bay seaport of Klaipeda in Lithuania.
In February 2024, a delegation from Zimbabwe, led by Attorney-General Virginia Mabiza, travelled to Lithuania to negotiate the release of the fire tenders, but the efforts were in vain.
Recent reports suggesting that Lithuania now plans to donate the equipment to Ukraine have spurred the Government into action.
In an interview with The Sunday Mail, Mrs Mabiza said the country will explore all legal options, including international arbitration, if diplomatic efforts fail.
“We will explore the most viable legal route to take after exhausting all the diplomatic channels at our disposal,” she said.
“The explanation by the Lithuanian attorney-general has been that the fire tenders or certain components on the fire tenders were manufactured by a Belarusian company, which is on EU sanctions, hence could not be allowed to pass through their port.
“Through diplomatic channels, we have been engaging the other side with a view to recovering the fire tenders.
“On February 27, 2024, I was accompanied by Zimbabwe’s Ambassador to Sweden Mrs Priscilla Misihairabwi to Lithuania to discuss the issue with my counterpart, Ms Nida Grunskiene.
“During the said meeting, we
explained Zimbabwe’s position regarding the fire tenders, which were legitimately and lawfully purchased by the Government of Zimbabwe.”
Having explained the circumstances under which Zimbabwe procured the fire trucks and also the ever-present threat of fires faced by local communities and resultant loss of both lives and property, Mrs Mabiza said, Lithuania requested proof of purchase of the trucks.
It was subsequently furnished with all material documents to support the claim of ownership.
“Much to our surprise, we did not receive any further communication from Lithuania regarding the matter,” said Mrs Mabiza.
“The fire engines are specifically made for the Zimbabwean rural terrain and are crucial for firefighting and emergency responses.
“Their confiscation undermines the country’s ability to safeguard its communities and properties from fire disasters, thereby exposing the most vulnerable communities in Zimbabwe.”
The Government, she added, was concerned by recent media reports stating that Lithuania was considering donating the fire tenders to Ukraine.
“I am, however, taken aback by recent reports in the media to the effect that Lithuania is considering donating these confiscated trucks to Ukraine.
“I am now verifying the authenticity of such reports.
“In the unlikely event that the media reports are correct, then I will further act on the matter in accordance with international law.
“Zimbabwe maintains that we are an innocent third party.”
Lithuania’s attorney-general Ms Grunskiene was quoted by Ukrainian media recently stating that the trucks could be handed over to the war-torn country.
“A pre-trial investigation is being conducted, and the prosecutor has decided, if I am not mistaken, that the 17 vehicles that were to be shipped to Zimbabwe should be confiscated and the issue of their possible delivery to Ukraine is being considered,” she reportedly said.
“We have a decision by the prosecutor in which we are informing the Zimbabwean attorney-general that these 17 fire engines have been confiscated because the company that manufactured these vehicles is subject to sanctions and Zimbabwe itself is also subject to sanctions.
“We are waiting to see if they (Zimbabwean Government) will exercise their right to appeal.”
International law dictates that, in the event of such a dispute, the countries involved can directly negotiate to find a mutually acceptable solution.
This may involve returning the seized cargo, compensating the affected country or imposing conditions on future shipments.
If the dispute has broader implications for international trade, multilateral organisations like the World Trade Organisation (WTO) can facilitate negotiations between the countries.
The WTO, which has a dispute settlement mechanism that allows countries to file complaints and seek remedies, can also adjudicate disputes between member countries.
Both Zimbabwe and Lithuania are members of the WTO.
In some cases, specialised international tribunals, such as the International Court of Justice, may have jurisdiction to hear disputes between states.
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 subsequent sanctions against Moscow and Minsk.
Last year, 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, free of charge, a share of the 260 000 tonnes of fertiliser produced by 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.