Online Reporter
Tanyaradzwa Rusike
ZIMBABWE has intensified efforts to recover 17 fire tenders seized in Lithuania while in transit from Belarus, with the case now set for a full trial after a Lithuanian court dismissed Harare’s pre-trial appeal challenging the seizures.
On March 5, a pre-trial judge ruled against Zimbabwe’s appeal, paving the way for the Lithuanian Prosecutor-General to take the matter to trial.The fire tenders were impounded in March 2023 at the Malku Bay seaport in Klaipeda, Lithuania, as they were being shipped to Zimbabwe, with Lithuania citing European Union (EU) sanctions on Belarus — imposed due to the conflict in Ukraine — as justification for the seizure. Despite Zimbabwe arguing that it was an innocent third party and that the purchase was made from a non-sanctioned company, Lithuanian authorities moved forward with forfeiture proceedings.
In July last year, Lithuania’s Prosecutor-General ordered the trucks to be auctioned, leading to Zimbabwe appealing against that decision.
However, the Lithuanian chief prosecutor dismissed the appeal in November 2024, a ruling that was only officially communicated to Zimbabwe on January 2 this year.
Zimbabwe proceeded to hire Lithuanian legal representatives to file a further appeal before a pre-trial judge, also requesting a suspension of the planned auction.
However, on March 5, the judge dismissed the appeal, a decision that cannot be contested further, meaning the case will now proceed to a full trial.
In an interview with The Sunday Mail, Attorney-General Mrs Virginia Mabiza said: “Zimbabwe appealed against the decision to forfeit the tenders and the appeal was turned down on November 22, 2024.
“Following the refusal of the initial appeal, Zimbabwe engaged lawyers in Lithuania, who then noted a further appeal to a pre-trial judge on behalf of Zimbabwe whilst, at the same time, applying to have the decision to sell the vehicles suspended until the finalisation of the appeal.
“However, the pre-trial judge on March 5 turned down Zimbabwe’s appeal.
“This decision cannot be appealed.
“Since all the appeals were against a pre-trial decision, this means the Prosecutor-General can now refer the matter for trial.”
Lithuanian law dictates that the country’s Prosecutor-General is responsible for leading pre-trial investigations into cases that involve potential breaches of the law, including sanctions enforcement.
In July 2024, the Prosecutor-General forfeited Zimbabwe’s fire tenders, arguing that there was enough legal basis to justify the seizure under Lithuania’s enforcement of EU sanctions.Zimbabwe’s appeal against this seizure was dismissed in November 2024.
Following this, Zimbabwe sought further legal recourse by appealing to a pre-trial judge, who has the authority to review prosecutorial decisions during investigations in terms of the European country’s law.
On March 5, the pre-trial judge dismissed Zimbabwe’s appeal. This means the judge found no legal basis to overturn the Prosecutor-General’s decision.
The judge’s decision is final at the pre-trial stage, meaning Zimbabwe cannot appeal further at this level.
That ruling clears the way for the case to proceed to full trial, where the legality of the seizure and forfeiture will be tested in court.
Mrs Mabiza said Zimbabwe’s position remains that the fire tenders were legally acquired and that the forfeiture unfairly prejudices the country.
She said a Zimbabwean delegation was dispatched to Lithuania in February last year to present documentation supporting Zimbabwe’s entitlement to the trucks.
However, this did not prevent Lithuania from ordering their forfeiture for public auction in July.
Mrs Mabiza said Zimbabwe has not yet initiated international arbitration for resolution of the case, as the authorities are focused on legal proceedings in Lithuania.
Another Government delegation is expected to travel to Lithuania once a trial date is set, she added.
“The focus remains on legal and diplomatic efforts within Lithuania,” she said.
“A delegation, led by the Attorney-General, is expected to travel to Lithuania once a date for the trial is set.
“The timing of the visit will depend on legal proceedings and ongoing diplomatic engagements.
“Zimbabwe is continuing to engage through diplomatic channels to resolve the issue amicably.
“The Government continues to liaise with Lithuanian authorities, the European Union and other relevant stakeholders to ensure a fair resolution.”
