The Sunday Mail
The General Court of the European Union will soon release its ruling in the case where the Government of Zimbabwe is challenging the legality of sanctions imposed on the country, over three months after it was initially set to be released.
After Zimbabwe filed additional papers to strengthen its case at the court in June last year, Britain – which is one of the respondents – failed to make either written or oral submissions in Luxembourg for the hearing of the matter, leaving the EU’s case grossly weakened.
The hearing remained open for two weeks to allow all parties — including the EU Commission and Council, as co-respondents — to make submissions.
Zimbabwe did not cite Britain in the lawsuit but successfully asked the court to include it in 2012.
The court ruling in the case that was heard by three judges from Sweden, Bulgaria and Greece, was expected in October last year.
Prosecutor General Mr Johannes Tomana, who was part of a high-powered legal team representing the Zimbabwean Government at last year’s hearing, told The Sunday Mail last week that the three months for the court to make its ruling had since lapsed.
“The court generally delivers its rulings three months after such hearings as the one we attended last year,” said Mr Tomana.
“We do not know why the ruling has taken this long but we remain hopeful that it will be delivered expeditiously. The ball is in their court.”
Only President Mugabe, First Lady Dr Grace Mugabe and the Zimbabwe Defence Industries remain on the sanctions list after the EU removed several other Zanu-PF officials and companies purported to be linked Zanu PF.
In a telephone interview last Friday, Mr Christopher Fretwell, a press officer at the court promised to furnish The Sunday Mail with the latest details on the case but had not done so by late yesterday.
Zimbabwe seeks to have the sanctions declared illegal on five primary grounds:
1 There was no legal basis for imposing sanctions on the individuals and companies associated with the Government of Zimbabwe and Zanu-PF merely on the basis of reports from faceless internet newspapers and non-governmental organisations;
2 There was no legal basis for imposing sanctions on the said individuals and companies on the sole basis that they were Zanu-PF members in the then inclusive Government.
3 The European Union in imposing sanctions failed to give adequate or sufficient reasons for targeting the said individuals and entities;
4 In imposing sanctions, the European Union failed to provide particulars or evidence to the affected persons and entities to allow them to comment on the case against them, in particular, those cases where serious criminal misconduct was alleged;
5 The European Union infringed, without justification or proportion, the applicants’ fundamental rights, including the right to protection of their property, business, reputation and private and family life.
Zimbabwe’s legal team is led by UK-based lawyers David Vaughan and Maya Lester. Other team members include Mr Micheal O’ Kane (UK), Mr Jacob Mutevedzi and Gerald Mlotshwa (both from Zimbabwe).
