(HERALD) EU in bid to delay Zim sanctions case

COMMENTS - Push a little and they cave in.

EU in bid to delay Zim sanctions case
Saturday, 16 June 2012 22:46
Sunday Mail Reporter

The Registrar of the General Court of the European Union, Mr Emmanuel Coulon, has been accused of invoking bureaucratic tactics to delay the sanctions case between Zimbabwe’s Attorney-General Mr Johannes Tomana and 120 Others against the EU. Mr Coulon has reportedly asked the applicants to furnish him with further particulars on their identity and current status.

Observers say the move by Mr Coulon came as a surprise because when the EU imposed sanctions against the applicants at the behest of Britain, the regional bloc did not ask the applicants to provide them with their details.

As a result, the applicants, led by Mr Tomana, have declined to provide further personal particulars but instead provided supporting affidavits from the Registrar of Companies showing that the companies that were placed under sanctions were indeed registered and operational.

Mr Tomana and 120 Others filed a court application on April 25 2012 in Brussels against the Council of the European Union and the European Commission seeking the annulment of the sanctions imposed on Zimbabwe by the European bloc.

While in Zimbabwe lawyers are responsible for filing court applications, at the EU it is the registrar who carries such duties.

In a letter dated May 21 2012, addressed to the UK-based five-member team of international lawyers who are handling the matter on behalf of the applicants, Mr Coulon acknowledged receipt of the application and gave the lawyers until June 11 2012 to regularise the application.

The international lawyers representing Zimbabwe include David Vaughan (Queen’s Counsel), who is leading the team, working with Maya Lester and Robin Loof (barristers) and Michael O’Kane (solicitor.)

The team is being assisted by Zimbabwean lawyers Mr Farai Mutamangira and Mr Gerald Mlotshwa, all instructed by Mr Tomana.

“The Registrar of the General Court hereby acknowledges receipt of the application brought by Johannes Tomana and Others vs Council of the European Union and European Commission.

“Date the application was lodged: 25/04/2012; Registration number: 523957 and Case number T-190/12.

“The Registrar has noted that the application does not comply with the Rules of Procedure and/or the Practice Directions to parties . . .

“The time-limit fixed for lodging the regularisation of the application is 11/06/2012, including extension on account of distance,” said Mr Coulon.

He went on to give a list of the companies on the applicants’ list that needed to provide more information about their existence and even included some individuals that he said should provide their particulars. Some of the companies that were supposed to prove their existence included Comoil (Private) Limited, Divine Homes (Private) Limited, Famba Safaris (Private) Limited, Jongwe Printing and Publishing Company (Private) Limited, M & S Syndicate (Private) Limited, Osleg (Private) Limited, Swift Investments (Private) Limited, Zidco Holdings (Private) Limited and Zimbabwe Defence Industries (Private) Limited.

On the same day that the registrar wrote the letter, the solicitors represented by Ms Jessica Moore wrote to Mr Mutamangira asking for documents to regularise the case.
Ms Moore summarised the regularisation requirements by the registrar as “recent proof of existence” for the companies under sanctions adding that “for Osleg, proof that the Government is the sole shareholder” and for “ZMDC, proof that Masimirembwa and Chiparo are the chairman and secretary and that they have capacity to give authority.”

On May 28, 2012, Mutamangira and Associates wrote to the AG giving assurance that the matter was been attended to. The team managed to meet the registrar’s deadline of June 11, 2012.

It is understood that the registrar played these delaying tactics to enable the EU to take a decision on either the suspension or the lifting of sanctions against Zimbabwe in July when the regional bloc will be reviewing the embargo.

This move is meant to pre-empt this historic litigation by rendering it academic. Recently, the EU tried to pre-empt the Senator Guy Georgias case by removing him from the sanctions list and pre-empted the case by six local journalists when it removed them from the list after they had filed papers to fight their case in Zimbabwean courts.