News / National
Malawian lawyer forced to quit Zimbabwe land trial
20 Aug 2011 at 19:12hrs | Views
Malawian lawyer Peter Mutharika has been forced to resign from the arbitration panel in two international court cases in which groups of foreign investors are suing the Zimbabwean government for breaches of bilateral investment treaties following objections about his impartiality by some of the claimants.
Mutharika was one of a three-member arbitration tribunal appointed by the International Centre for Settlement of Investment Disputes in December last year to consider the request by a German family that is contesting the seizure of its farms by the Zimbabwean government.
The von Pezold family sought assistance of the Paris-based ICSID in July 2010 after its three farms –Makandi Tea and Coffee Estate, Border Timbers Estate and Forester Estate in Manicaland – were invaded by members of President Robert Mugabe's Zanu-PF in June.
The German investors, however, protested to the ICSID, questioning whether Mutharika was the right person to arbitrate in the matter, given his indirect links to the Mugabe regime.
Mutharika is the young brother of Malawi's President Bingu wa Mutharika, a close ally of Mugabe. The younger Mutharika is the current Malawian Education Minister.
"Following the resignation of arbitrator A. Peter Mutharika, the Centre notifies the parties of the vacancy on the Tribunal; the proceeding is suspended," the ICSID said.
Mutharika's resignation has also affected proceedings in another case before the ICSID in which Border Timbers is suing the government for damages caused by illegal land invaders on the company's properties.
The same three-member panel was due to arbitrate in both cases. The remaining members of the arbitration panel are Canadian lawyer Yves Fortier and New Zealand's David Williams.
In case number ARB/10/15, Bernhard von Pezold and others are suing the Government of Zimbabwe for loss of income during the three-week stand-off in June last year between the German investors and marauding gangs from Mugabe's party.
The case was registered on the roll of the Paris-based tribunal on 8 July 2010, a few days after the Harare regime bowed to pressure from the Germany embassy to order the illegal land occupiers off the investor's properties.
The German investors are accusing the Zimbabwean government of failing to act against the illegal occupants who claimed they were allocated the properties under Mugabe's controversial land reform programme.
Harare only ordered the armed and alcoholic mob off the farms after the Germany government threatened to withhold aid to Zimbabwe.
The illegal land occupiers are believed to have looted maize and other crops valued at more than $1 million since moving onto the farms on June 18.
The properties are covered by a bilateral investment promotion and protection agreement (BIPPA) between Zimbabwe and Germany in 1995 but which came into force in 2000.
The agreement precludes any farms owned by Germans from expropriation under Zimbabwe's controversial land reform programme.
Mutharika was one of a three-member arbitration tribunal appointed by the International Centre for Settlement of Investment Disputes in December last year to consider the request by a German family that is contesting the seizure of its farms by the Zimbabwean government.
The von Pezold family sought assistance of the Paris-based ICSID in July 2010 after its three farms –Makandi Tea and Coffee Estate, Border Timbers Estate and Forester Estate in Manicaland – were invaded by members of President Robert Mugabe's Zanu-PF in June.
The German investors, however, protested to the ICSID, questioning whether Mutharika was the right person to arbitrate in the matter, given his indirect links to the Mugabe regime.
Mutharika is the young brother of Malawi's President Bingu wa Mutharika, a close ally of Mugabe. The younger Mutharika is the current Malawian Education Minister.
"Following the resignation of arbitrator A. Peter Mutharika, the Centre notifies the parties of the vacancy on the Tribunal; the proceeding is suspended," the ICSID said.
Mutharika's resignation has also affected proceedings in another case before the ICSID in which Border Timbers is suing the government for damages caused by illegal land invaders on the company's properties.
In case number ARB/10/15, Bernhard von Pezold and others are suing the Government of Zimbabwe for loss of income during the three-week stand-off in June last year between the German investors and marauding gangs from Mugabe's party.
The case was registered on the roll of the Paris-based tribunal on 8 July 2010, a few days after the Harare regime bowed to pressure from the Germany embassy to order the illegal land occupiers off the investor's properties.
The German investors are accusing the Zimbabwean government of failing to act against the illegal occupants who claimed they were allocated the properties under Mugabe's controversial land reform programme.
Harare only ordered the armed and alcoholic mob off the farms after the Germany government threatened to withhold aid to Zimbabwe.
The illegal land occupiers are believed to have looted maize and other crops valued at more than $1 million since moving onto the farms on June 18.
The properties are covered by a bilateral investment promotion and protection agreement (BIPPA) between Zimbabwe and Germany in 1995 but which came into force in 2000.
The agreement precludes any farms owned by Germans from expropriation under Zimbabwe's controversial land reform programme.
Source - thezimbabwean
