Zimbabwe is set to take legal action against the Lithuanian government over 17 fire tenders that were seized and later auctioned while en route from Belarus to Harare.
The multimillion-dollar fire engines, intended for local authorities, were intercepted at the port of Klaipeda in March 2023 because they originated from a Belarusian company under European Union sanctions.
Despite Zimbabwe’s protests and assurances that the trucks were lawfully procured from non-sanctioned entities, Lithuanian authorities sold the consignment through public tender, a decision upheld by the country’s appellate courts in November 2024.
The matter has raised legal and diplomatic questions over the extraterritorial reach of sanctions, with Harare insisting it was an innocent third party caught in the EU-Belarus dispute.
In an interview with The Herald, Attorney-General Virginia Mabiza said 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. Mabiza:
“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.
“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 Zimbabwean government will argue that Lithuania violated property rights, both under its own laws and international instruments, by seizing and disposing of the fire tenders without any evidence linking Zimbabwe to sanctioned companies.
The civil claim will be based on Article 6.272(1) of Lithuania’s Civil Code, which establishes strict state liability for unlawful state actions that cause damage.
Attorney General Mabiza said Harare remains confident of securing redress. She said:
“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.
“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.
“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.”
Zimbabwe is exploring alternative avenues should its civil claim against Lithuania fail, including international arbitration through the World Trade Organisation, the European Court of Human Rights, or the United Nations.
The government is also reviewing procurement procedures to shield public contracts from indirect exposure to sanctions.
The fire tenders were confiscated in Lithuania in July 2024 after the prosecutor-general ordered their forfeiture as part of a pre-trial investigation, citing EU Council Regulation EC No 765/2006.
The regulation restricts trade, investment, and financial support to certain Belarusian entities and individuals linked to human rights abuses or the Belarusian government, and also includes travel bans.
Zimbabwe appealed the forfeiture decision, but the country’s chief prosecutor dismissed the appeal in November 2024, with the ruling communicated to Harare on 2 January 2025.
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