British Judge Robin Knowles On Friday warned Mozambique’s President Filipe Nyusi to be ready to appear in the London High Court pending discussions in August on a possible immunity for the Mozambican president, according to the Portuguese news service Lusa.
Justice Knowles is quoted as saying that it was not a moment to make decisions on what might happen should the result of the August discussions on Immunity go either way, adding that “everyone, including President Nyusi must proceed based on the fact that they run the risk of the trial happening and of being involved in it, or of its consequences.”
Nyusi has appointed a lawyer in London to represent him and instructed him to argue for immunity from being made a party to the case pitting Mozambique against Credit Suisse and others.
Mozambique’s Attorney-General’s Office (PGR) sued Credit Suisse and others over the $2.2 billion loans obtained from the banks Credit Suisse and VTB Russia by three Mozambican companies, ProIndicus, EMATUM (Mozambique Tuna Company) and MAM (Mozambique Asset Management), with the sole contractor and supplier, the Abu Dhabi-based group Privinvest, selling them fishing boats, radar stations and other assets at exceedingly inflated prices, between 2013 and 2014.
The PGR argued that the loans guarantees were null and void under Mozambican law and demanded compensation to be paid to Mozambique – the three Mozambican companies have gone bankrupt and over a dozen of the people involved in Mozambique have been tried and sentenced.
However, Mozambique has not been forthcoming in disclosing relevant documents to the case from various state entities, leading Judge Knowles to warn in that “if I need to exercise my powers for strike-out to ensure compliance with the Republic’s (of Mozambique) duties and the obligations of this litigation.”
The relevant documents are being held at the Office of the President, SISE (State Information and Security Service) and the Council of State – this is consultation body that comprises former presidents and notable figures in Mozambique.
Justice Knowles has argued that he could not say whether Nyusi “is set on helping these proceedings in the interests of the Republic and its people, or hindering them in self-interest,” adding that to date President Nyusi “has not done what he could to respond in relation to his personal involvement as a party and in relation to allegations made against him personally.”
Comment
Mozambique Insights understands that should Nyusi lose in his attempt to secure immunity from the case in London, Justice Knowles cannot force him to appear in court as he is neither a UK citizen nor does he reside in the Kingdom.
But observers say that should this be the case, Mozambique’s case could fail.
One possibility for Mozambique would be to try to settle, something which Credit Suisse had already proposed, which will beg the question of why Mozambique let the case drag on for this long to eventually seek a settlement.
Skeptics might conclude that this running saga arises from the fact that personal interests are undermining state interests. And all those involved in the case are keener to look out for their own interests instead of a common and greater good – that was the case in the beginning and is now.
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