Zimbabwe is set to launch legal proceedings against the Lithuanian government, demanding compensation for 17 fire tenders that were seized and later auctioned in that country while in transit to Harare from Belarus, which is under European Union sanctions.
The multimillion-dollar fire engines, destined for local authorities across Zimbabwe, were intercepted at the port of Klaipeda in March 2023 because they had originated from a sanctioned Belarusian company.
Despite repeated protests by Harare and assurances that the trucks were lawfully procured from non-sanctioned entities, Lithuanian authorities disposed of the consignment through public tender, a decision upheld by the country's appellate courts in November 2024.
The development has deepened concerns about how Western sanctions are increasingly disrupting Zimbabwe's ability to procure essential public service equipment from friendly nations.
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The seizure has left some Zimbabwean municipalities without critical firefighting equipment, undermining emergency response capacity and exposing communities to greater risks of fire-related disasters.
It has also raised legal and diplomatic questions over the extraterritorial application of sanctions, with Harare insisting that it was an innocent third party unfairly punished in a dispute between the EU and Belarus.
Attorney-General Mrs Virginia Mabiza told The Herald that the conclusion of pre-trial investigations in Lithuania has now paved the way for Harare to press ahead with a civil claim for damages.
"It is important to note that not all remedies have been exhausted regarding the 17 fire tenders seized in Lithuania; only the pre-trial investigative procedures have been concluded," said Mrs Mabiza.
"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."
In court, the Government will argue that Lithuania violated property rights enshrined in its own laws and international instruments by seizing and disposing of the fire tenders without evidence linking Zimbabwe to sanctioned companies.
The civil claim will be anchored on Article 6.272(1) of Lithuania's Civil Code, which provides for strict state liability where unlawful state actions cause damage.
Mrs Mabiza said Harare remained confident of securing redress.
"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," she said.
"The appeals advanced arguments against the prosecutor's resolution to sell the vehicles, stressing that the seizure and disposal amounted to an infringement of Zimbabwe's property rights under both Lithuanian law and international law."
She added, "We remain confident in the merits of our case. While the courts did not halt the disposal of the trucks, the next phase allows Zimbabwe to pursue damages, and Lithuanian law provides for strict state liability in cases of unlawful seizure or disposal of property.
"We believe this will create a stronger basis for compensation."
Mrs Mabiza said that while Zimbabwe initially pursued diplomatic channels, this approach was limited once the matter was brought before the courts.
However, Zimbabwe is also exploring other avenues should the civil claim fail, including taking the matter to international arbitration through the World Trade Organisation, the European Court of Human Rights or even the United Nations.
"At present, we are still pursuing remedies available under Lithuanian law. If these do not yield a resolution, we may consider recourse to international fora.
"This could include the European Court of Human Rights, the World Trade Organisation, or even the United Nations Special Rapporteurs, given the humanitarian implications of depriving Zimbabwe of life-saving fire-fighting equipment."
In addition, the Government is reviewing procurement procedures to insulate public contracts from indirect exposure to sanctions, she said.
"The Government is reviewing procurement processes to ensure that suppliers and contractors undergo enhanced due diligence to guard against indirect exposure to sanctions," she added.
"We are also strengthening inter-agency coordination to mitigate risks in international procurement.
"Ultimately, our objective is to safeguard national interests and ensure that communities continue receiving the equipment and services they urgently need."
In July 2024, Lithuania's prosecutor-general ordered the forfeiture of the trucks for sale as part of a pre-trial investigation.
The fire tenders were confiscated in Lithuania on suspicion that they were manufactured by a company under EU sanctions - EU Council Regulation EC No 765/2006.
The regulation prohibits making funds or economic resources available to certain individuals, entities or bodies in Belarus with the intention to limit the financial resources available to those alleged to be involved in human rights abuses or supporting the Belarusian government.
The regulation also restricts trade with certain Belarusian entities or individuals, including imposing restrictions on imports and exports, as well as restrictions on investments.
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It also includes travel bans on specified Belarusian officials.
Zimbabwe subsequently appealed against the prosecutor general's decision to the country's chief prosecutor.
The appeal was dismissed in November 2024, with the ruling relayed to Zimbabwe on January 2, 2025.
Confiscation of the fire tenders represents the second time Zimbabwe-bound cargo has been seized by an EU country since the start of the Russia-Ukraine war in February 2022 and subsequent sanctions against Moscow and Minsk.
In 2023, about 23 000 tonnes of Russian fertiliser donated to Zimbabwe were blockaded by the EU as part of the bloc's embargo on Russia's agricultural exports.
Zimbabwe was among several developing countries that were selected to receive, free of charge, a share of the 260 000 tonnes of fertiliser produced by Russian agro-chemicals giant Uralchem-Uralkali.
However, as a result of the tightening of the EU's blockade of Russian products, Zimbabwe and Nigeria's share of the donation was held at ports in Latvia, Estonia, Belgium and the Netherlands.
The consignment was eventually released following intense lobbying and pressure.
