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Border Timbers hits Zimbabwe with US$164m Washington lawsuit

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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.

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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.

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“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.

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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.

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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.

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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.

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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.

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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.

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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

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In the community

EMA, Lupane State University step up fight against deadly Umkhawuzane in Mat North

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BY WANDILE TSHUMA

The Environmental Management Agency (EMA), in partnership with Lupane State University, has launched a community-based initiative to control and reduce the impact of the toxic plant Dichapetalum cymosum, locally known as Umkhawuzane or Gifblaar, which has caused significant livestock losses in Matabeleland North.

The initiative, focuses on managing the spread of the poisonous plant, which is widely recognised as one of the most dangerous threats to cattle in Southern Africa. Gifblaar is estimated to contribute to about eight percent of livestock deaths linked to toxic plants in the region. The plant contains fluoroacetate, a potent toxin that causes sudden death in animals and poses risks of secondary poisoning through the food chain.

According to EMA, the study was carried out in Ward 18 (Makhovula) in Lupane District and Ward 10 in Umguza District. It combined community sensitisation with mechanical and chemical control trials aimed at identifying effective ways to eradicate the plant.

Community engagements revealed a high level of awareness among farmers about the toxicity of Umkhawuzane. Farmers reported losing an average of three to four animals per household during the winter season, when forage is scarce and the plant remains green, increasing the risk of livestock consumption.

Results from the trials showed that mechanical removal of the plant produced promising outcomes. No regeneration was observed in areas where roots were excavated to depths of between one and 1.5 metres. However, chemical control using glyphosate only led to temporary suppression of the plant and did not achieve complete eradication, while also affecting surrounding vegetation.

EMA said the findings highlight the need for integrated and site-specific management approaches. These include effective mechanical removal, cautious use of chemicals, and continuous community education to prevent further losses.

The agency, together with Lupane State University, reaffirmed its commitment to working closely with local communities to protect livestock, improve rangeland management and reduce the economic losses caused by Umkhawuzane in Matabeleland North.

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Zimbabwe fast-tracks approval of long-acting HIV prevention drug Lenacapavir

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BY WANDILE TSHUMA

Zimbabwe has taken a major step in the fight against HIV following the rapid approval of Lenacapavir, a groundbreaking long-acting injectable for HIV pre-exposure prophylaxis (PrEP). The Medicines Control Authority of Zimbabwe (MCAZ) authorised the drug in just 23 days, marking one of the fastest regulatory approvals in the country’s history.

The application, submitted by pharmaceutical company Gilead Sciences in October, underwent an expedited review because of its public health importance. MCAZ says the fast-tracked process did not compromise scientific scrutiny, with the product subjected to a rigorous assessment of its safety, efficacy and quality.

Lenacapavir is designed for adults and adolescents weighing at least 35kg who are HIV-negative but at substantial risk of infection. Unlike traditional daily oral PrEP, the medicine is administered as a six-monthly injection, following an initiation phase that includes one injection and oral tablets on Days 1 and 2. Health authorities say this long-acting formulation could dramatically improve adherence and expand prevention options, particularly for communities where daily pill-taking is difficult.

MCAZ Director-General  Richard T. Rukwata described the approval as a landmark moment in Zimbabwe’s HIV response.

“The rapid approval of Lenacapavir reflects MCAZ’s dedication to accelerating access to trusted, high-quality health products. This milestone brings new hope for HIV prevention and reinforces our commitment to safeguarding public health,” he said.

To fast-track the process, the Authority applied a regulatory reliance approach, drawing on scientific assessments from the World Health Organization’s Prequalification Programme (WHO PQ). This allowed evaluators to build on internationally recognised review processes while ensuring Zimbabwe’s own standards were met.

The introduction of Lenacapavir comes as Zimbabwe continues efforts to reduce new HIV infections, particularly among young people and key populations who face barriers to consistent PrEP use. Public health experts say the drug’s twice-yearly dosing could be a game changer in improving uptake and protection.

MCAZ says it remains committed to ensuring Zimbabweans have access to safe, effective and good-quality medical products, in line with its mandate under the Medicines and Allied Substances Control Act.

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ZimParks to host first-ever International Wildlife Conservation symposium

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BY NOKUTHABA DLAMINI

The Zimbabwe Parks and Wildlife Management Authority (ZimParks) will hold its inaugural International Wildlife Conservation Symposium under the theme “Wildlife Conservation and Sustainable Development.”

The two-day event, scheduled for October 22 to 23, next week, will take place at the Management Training Bureau in Msasa, Harare. It will bring together conservationists, researchers, policymakers, and students to discuss key issues around wildlife protection and sustainable development.

The symposium will focus on eight sub-themes, namely Wildlife Conservation and Transboundary Management, Freshwater, Fisheries and Aquatic Management, Sustainable Tourism and Socio-Economic Development, Human-Wildlife Interactions, Environmental Health and Safety, Climate Change Adaptation and Mitigation, Community-Based Natural Resource Management, and Natural Resource Policy and Governance.

ZimParks says the symposium will provide a platform to exchange ideas and deepen understanding of the link between wildlife conservation and sustainable development. Members of the public, students, and professionals are encouraged to attend.

 

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