Connect with us

Uncategorized

Border Timbers hits Zimbabwe with US$164m Washington lawsuit

Published

on

BY CAROLINE SIMSON

WASHINGTON -A forestry and sawmill company initiated litigation Wednesday in Washington, D.C., to enforce a more than US$164 million arbitral award it won against Zimbabwe after the country seized its forestry plantation to redistribute the land to the indigenous population.

Advertisement

Border Timbers Ltd. filed its petition to enforce the award, telling the court that after more than six years since it won the award, the southeast African nation still hasn’t paid a penny of what it owes.

Zimbabwe had attempted to have the Border Timbers award annulled, but that bid came up short nearly three years ago.

The company argued that the country has no choice now but to pay up.

Advertisement

“Currently, Zimbabwe owes Borders $164,223,664.67 as at August 31, 2021,” according to the petition.

“This includes post-award interest through August 31, 2021 in the amount of $29,415,212.31. Zimbabwe has not paid any part of the award and the amounts awarded remain unsatisfied and outstanding in their entirety.”

Lawyers for Border Timbers and representatives for Zimbabwe could not immediately be reached for comment on Thursday.

Advertisement

The move by Border Timbers comes just under two months after a German and Swiss family, the von Pezolds, filed their own petition seeking to enforce a separate $277 million award they had won in proceedings arising out of the same dispute.

The von Pezolds were former majority shareholders in Border Timbers.

The von Pezolds had filed litigation in the United Kingdom last year aimed at halting alleged settlement proceedings with Zimbabwe relating to the $124 million award that they viewed to be unfavorable.

Advertisement

A UK court records indicate that the proceeding remains pending, though its status beyond that wasn’t immediately clear on Thursday.

The dispute has its origins in a land reform program aimed at reversing a colonial-era policy that distributed much of the land to white people, relegating the indigenous Black population to a smaller amount of communal land that was largely devoted to subsistence farming.

Once Robert Mugabe was elected president in 1980 after Zimbabwe’s independence, the country looked to redistribute the land back to the indigenous population, according to the award.

Advertisement

At first the government tried to convince the white farmers to sell their land, but after little progress was made, the country enacted legislation in 1992 enabling the government to seize the land in exchange for fair compensation.

But this phase, too, went slowly, in part due to a lack of funds to compensate landowners for land acquired from them, according to the award.

In early 2000, the government attempted to pass a draft constitution that would have permitted the government to seize land without compensation.

Advertisement

Soon after this was rejected, the first invasions of white-owned farms began in an area near the capital of Harare, and gradually spread across the country.

The government subsequently enacted a new “fast track land reform program” later in 2000, under which it was permitted to compensate landowners only for “improvements” to agricultural land, as opposed to the land itself, according to the award.

An amendment enacted later absolved Zimbabwe of any duty to compensate landowners for the value of agricultural land acquired for resettlement purposes, except for improvements.

Advertisement

Border Timbers held an integrated forestry plantation comprising 28 properties with pine and eucalyptus plantations and three sawmills set on nearly 48,000 hectares (approximately 118,600 acres) in eastern Zimbabwe, as well as a nearby pole treatment plant and two factories.

Much of the property was seized by the Zimbabwean government in 2005, and the rest was allegedly rendered worthless.

The International Centre for Settlement of Investment Disputes tribunal concluded that Zimbabwe had unlawfully expropriated the properties, treated Border Timbers unfairly, and taken unreasonable and discriminatory measures that interfered with its rights in the properties, among other things.

Advertisement

It awarded Border Timbers and affiliated companies $124 million plus interest and costs.

Border Timbers Ltd. is represented by Jennifer Ancona Semko and Graham Cronogue of Baker McKenzie LLP. – Law360

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Binga

ZPCS reports 104 HIV-positive inmates across Matabeleland North prisons

Published

on

BY STAFF REPORTER

A total of 104 inmates are living with HIV across eight correctional facilities in Matabeleland North, according to data from the Zimbabwe Prisons and Correctional Services.

The figures, which were first reported by the Chronicle, were presented by ZPCS Assistant Principal Correctional Officer Godknows Ncube during a National Aids Council stakeholder meeting in Bulawayo.

Of the inmates recorded as positive, 98 are aged 25 and older, while six are under the age of 25. The affected facilities include Victoria Falls Prison, Hwange Prison, Ntabazinduna Satellite Prison, Anju Farm Prison, Tsholotsho Prison, Lupane Prison, and Binga Prison .

During the most recent quarter, 144 inmates underwent testing for HIV, resulting in one positive diagnosis .

While correctional facilities received 900 male condoms, officials reported that no female condoms were provided. Ncube noted the need to address this gender bias and ensure that female protectors are available for inmates.

The prison service is also facing challenges with medication adherence. Ncube emphasized that there is a high number of defaulters, particularly among younger inmates who were aware of their HIV status before entering the system.

He called for the integration of HIV services with other health programs and stressed the importance of strengthening monitoring and reporting within the prisons. Currently, some facilities in the region are not yet accredited to provide antiretroviral therapy services, highlighting a need for further staff training and equipment

Continue Reading

Slider

Three painted dogs killed along Hwange highway as conservationists raise alarm

Published

on

BY NOKUTHABA DLAMINI

Conservationists have raised fresh concern over wildlife safety along the busy Bulawayo–Victoria Falls highway after three endangered African wild dog were killed in separate incidents within a week.

In a statement, Painted Dog Conservation confirmed that two pups from the Umkhonto pack were struck and killed by a vehicle overnight within the Hwange landscape.

“We are heartbroken to share that two pups from the Umkhonto pack were killed overnight after being struck by a vehicle along the Bulawayo–Victoria Falls road,” the organisation said on Saturday.

The group said the pack had been safely escorted across a nearby road earlier, but is believed to have been disturbed by lions during the night, forcing them to move again toward the highway where the accident occurred.

“Despite constant monitoring and intervention, moments like this remind us how fragile their survival can be,” the organisation added.

The deaths bring to three the number of painted dogs killed along the same highway corridor in less than a week, with another animal reportedly struck closer to Victoria Falls.

Conservationists warned that the loss goes beyond individual animals, highlighting the species’ already fragile population.

“It’s not ‘just three dogs’. These three could have become alphas and been responsible for producing over 300 dogs through their offspring and subsequent generations,” the statement read.

Highway poses growing threat to wildlife

The Bulawayo–Victoria Falls road, which cuts through key wildlife areas including parts of Hwange National Park, has long been flagged as a danger zone for animals.

The highway is a major tourism and freight route linking Bulawayo to Victoria Falls, carrying heavy traffic volumes that include haulage trucks, buses, and self-drive tourists—many travelling at high speeds, particularly at night.

Wildlife frequently crosses this corridor as it bisects natural habitats and migration routes, bringing animals such as elephants, lions and painted dogs into direct conflict with vehicles.

Conservation groups have repeatedly called for stricter enforcement of speed limits, improved signage, and traffic calming measures in wildlife zones, especially at night when visibility is poor and animal movement increases.

Calls for action

Painted Dog Conservation urged motorists to slow down and remain vigilant when driving through wildlife areas.

“We urge all road users to slow down—especially at night—and call on authorities to strengthen and enforce speed reduction measures in wildlife areas. Their survival depends on it.”

The deaths come amid growing concern over human-wildlife conflict in Matabeleland North, where expanding infrastructure and traffic volumes continue to put pressure on endangered species.

Continue Reading

In the community

Hwange residents invited to constitutional amendment public hearing

Published

on

BY NOKUTHABA DLAMINI 

Residents in Hwange are set to have their say on proposed changes to the country’s supreme law as the Parliament of Zimbabwe rolls out public hearings on the Constitution of Zimbabwe Amendment No. 3 Bill.

The outreach programme will reach the coal-mining town on Tuesday, 31 March, with the hearing scheduled for 10am at Edmund Davies Hall, located at the No.1 Colliery Club near Thomas Coulter Primary School.

Attendance is free, and members of the public are being encouraged to participate and express their views on the proposed amendment.

According to Parliament, the hearings are part of a nationwide consultation process aimed at gathering citizens’ input before the bill is finalised. The proposed legislation—Constitution of Zimbabwe Amendment No. 3 Bill (H.B. 1, 2026)—seeks to introduce changes to key governance provisions.

The Matabeleland North outreach will begin in Tsholotsho on Monday, 30 March, before moving to Hwange, then to Binga on Wednesday, 1 April, and concluding in Lupane on Thursday, 2 April.

Parliament has also opened channels for written submissions, which can be sent to the Clerk of Parliament or via email.

However, authorities have warned that individuals wearing military uniforms, political party regalia, or carrying flags and badges will not be allowed into the hearings.

Residents in and around Hwange are urged to attend in numbers and make their voices heard.

Continue Reading

Trending

Copyright © 2022 VicFallsLive. All rights reserved, powered by Advantage