adminSenior Reporter
THE landmark case against European Union sanctions on Zimbabwe instituted by Trinity Engineering boss Mr Aguy Georgias, the long-awaited hearing of which is now set for March 13 at the EU General Court in Brussels, is in imminent danger of collapse, unless Mr Georgias can urgently secure funds to pay for the costly litigation.
After a prolonged wait for a hearing, since 2011, when the case was allocated to the EU Court’s Third Chamber, a hearing date had at long last been set for February 13, but the hearing could not take place after Mr Georgias advised his London solicitors, Bates Wells and Braithwaite, to seek an extension which the court granted to March 13.
Mr Georgias had sought the extension in order to put funds in place for his legal team led by Hugh Mercer QC of London’s Essex Court Chambers to prepare for the hearing.
But unless Mr Georgias secures funds urgently, his case may collapse on grounds of Rules of Procedure. The court cannot adjourn the date set for March 13, it will be struck off the roll and that is the end. This will be a big victory for the EU.
“If it is missed it will be lost” is the latest advise to Mr Georgias from his solicitors. Mr Georgias says: “It makes no sense to drop the case at this stage. I have litigated this case for a long time, since 2005. First, it was with the British High Court, and now with the EU General Court in Brussels.”
There has been general enthusiasm to see the outcome of Mr Georgias’ case against the EU sanctions, largely blamed for the economic crisis that has gripped Zimbabwe for longer than a decade. It is the only legal challenge instituted against the EU sanctions by a listed individual. The only other case is the State case initiated by then Attorney-General, now Prosecutor-General, Johannes Tomana.
Mr Georgias has pursued the EU with steely determination and says the EU measures have affected not only himself and Trinity Engineering but “have made it difficult to both business and the State to conduct international financial and business transactions. This is because some of the financial intermediaries were on the list of measures and this has had effects on depositors and their business partners.”
It was not known at the time of going to press if Mr Georgias had succeeded in securing the funds needed for his lawyers to proceed to Brussels for the hearing on the 13th of this month. The funds required by the solicitors have to be paid in today or by 12pm at the latest. It would, however, be a sad day were his case to collapse, as it was widely believed that it would lay bare the fallacy, heavy-handedness and unfairness of the EU measures against Zimbabwe.
Online Reporter