Zimbabwe pursues legal action over confiscated fire tenders in Lithuania

The Zimbabwean government is actively exploring all legal avenues, including international arbitration, to recover 17 fire tenders that were seized by Lithuania last year while being shipped from Belarus, which is currently under European Union (EU) sanctions.

The fire trucks were confiscated in March 2023 at the Malku Bay seaport in Klaipeda, Lithuania, raising concerns about Zimbabwe's ability to combat fire emergencies. The government had previously initiated diplomatic discussions to secure their release, with Attorney-General Virginia Mabiza leading a delegation to Lithuania in February 2024. Unfortunately, these efforts yielded no positive results.

Recent reports indicating that Lithuania plans to donate the seized fire tenders to Ukraine have intensified the urgency of the Zimbabwean government's response. In an interview with The Sunday Mail, Mabiza confirmed the government's commitment to pursuing legal options if diplomatic negotiations fail.

"We will explore the most viable legal route to take after exhausting all the diplomatic channels at our disposal," Mabiza stated. "The explanation from the Lithuanian attorney-general is that the fire tenders or certain components were manufactured by a Belarusian company, which is under EU sanctions, thus they could not pass through their port."

During her February visit to Lithuania, Mabiza, accompanied by Zimbabwe's Ambassador to Sweden, Priscilla Misihairabwi, presented Zimbabwe's position regarding the lawful procurement of the fire trucks. The delegation provided documentation to validate the purchase, but they received no further communication from Lithuanian authorities after the meeting.

Mabiza emphasized the critical nature of the fire engines, noting that they are specifically designed for Zimbabwe's rural terrain and essential for firefighting and emergency response. The confiscation of the equipment poses a significant threat to community safety, particularly in vulnerable areas.

"I am taken aback by recent media reports suggesting that Lithuania is considering donating these confiscated trucks to Ukraine," she said, stressing that Zimbabwe is an "innocent third party" in the matter. "If these reports are verified, we will act in accordance with international law."

Lithuania's attorney-general, Ms. Nida Grunskiene, has been quoted by Ukrainian media, stating that a pre-trial investigation is ongoing and that the trucks' possible delivery to Ukraine is under consideration. She clarified that the vehicles were confiscated due to sanctions on the manufacturing company and on Zimbabwe itself.

International law stipulates that disputes of this nature should ideally be resolved through direct negotiations between the affected countries, which may include returning the seized cargo or providing compensation. Both Zimbabwe and Lithuania are members of the World Trade Organisation (WTO), which has mechanisms for dispute resolution and can facilitate negotiations between member states.

The seizure of the fire tenders marks the second instance of Zimbabwe-bound cargo being confiscated by an EU country since the onset of the Russia-Ukraine war and subsequent sanctions. In 2022, around 23,000 tonnes of Russian fertilizer intended as a donation to Zimbabwe were blockaded by the EU as part of its sanctions against Russian agricultural exports.

As the Zimbabwean government continues to navigate this complex situation, the outcome remains uncertain, but officials are committed to protecting their rights and ensuring the safety of their communities.