Zimbabwe to sue Lithuania

Zimbabwe is preparing to launch legal proceedings against the Lithuanian government, demanding compensation for 17 fire tenders seized and auctioned in that country while en route from Belarus to Harare. The multimillion-dollar trucks, intended for municipalities across Zimbabwe, were intercepted at Klaipeda port in March 2023 because they originated from a Belarusian company under European Union (EU) sanctions.

Despite protests from Harare and assurances that the fire tenders were lawfully procured from non-sanctioned entities, Lithuanian authorities proceeded to dispose of the consignment through public tender. The decision was upheld by appellate courts in November 2024.

The move has raised concerns about the extraterritorial impact of Western sanctions on Zimbabwe, particularly their effect on essential service delivery. Several local authorities have been left without adequate firefighting equipment, weakening emergency response capacity and exposing communities to greater risks.

Attorney-General Virginia Mabiza confirmed that pre-trial investigations in Lithuania had concluded, clearing the way for Harare to pursue a civil claim. "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," she said.

The Government will argue that Lithuania violated property rights protected under both domestic law and international conventions by seizing and auctioning the vehicles without proving a direct link between Zimbabwe and sanctioned Belarusian entities. The claim will be anchored on Article 6.272(1) of Lithuania's Civil Code, which establishes strict state liability where unlawful state actions cause damage.

"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," Mrs Mabiza said. She added that while the courts did not stop the disposal, Lithuanian law provides a basis for compensation through state liability.

Diplomatic avenues were pursued initially but became limited once the matter was before the courts. Zimbabwe is also weighing international options should the civil claim fail, including arbitration at the World Trade Organisation, lodging a case at the European Court of Human Rights, or engaging UN special rapporteurs.

"Given the humanitarian implications of depriving Zimbabwe of life-saving firefighting equipment, we may consider recourse to international fora," Mrs Mabiza said.

The government is also reviewing procurement systems to limit indirect exposure to sanctions in future. Enhanced due diligence requirements and stronger inter-agency coordination will form part of the reforms.

Lithuania's prosecutor-general ordered the forfeiture of the fire tenders in July 2024 under EU Council Regulation EC No 765/2006, which restricts trade with specified Belarusian entities and individuals linked to human rights abuses or support for the Minsk government. Zimbabwe's appeal was dismissed in November 2024, with the ruling delivered on January 2, 2025.

The case marks the second instance since the Russia-Ukraine war in which Zimbabwe-bound cargo has been seized by EU states. In 2023, about 23 000 tonnes of Russian fertiliser donated to Zimbabwe were blocked at European ports before being released after sustained lobbying.

Harare now hopes the Lithuanian courts will uphold its claim for damages, setting a precedent for protecting the property rights of third-party states caught in the crossfire of sanctions disputes.