Mutharika forced to quit Zim land trial
http://www.thezimbabwean.co.uk
Malawian lawyer Peter Mutharika has been forced to resign from the
arbitration panel in two international court cases in which groups of
foreign investors are suing the Zimbabwean government for breaches of
bilateral investment treaties following objections about his impartiality by
some of the claimants.
19.08.1106:01pm
by Vusimusi Bhebhe
Mutharika was one of a three-member arbitration tribunal appointed by the
International Centre for Settlement of Investment Disputes in December last
year to consider the request by a German family that is contesting the
seizure of its farms by the Zimbabwean government.
The von Pezold family sought assistance of the Paris-based ICSID in July
2010 after its three farms –Makandi Tea and Coffee Estate, Border Timbers
Estate and Forester Estate in Manicaland – were invaded by members of
President Robert Mugabe’s Zanu (PF) in June.
The German investors, however, protested to the ICSID, questioning whether
Mutharika was the right person to arbitrate in the matter, given his
indirect links to the Mugabe regime.
Mutharika is the young brother of Malawi’s President Bingu wa Mutharika, a
close ally of Mugabe. The younger Mutharika is the current Malawian
Education Minister.
“Following the resignation of arbitrator A. Peter Mutharika, the Centre
notifies the parties of the vacancy on the Tribunal; the proceeding is
suspended,” the ICSID said.
Mutharika’s resignation has also affected proceedings in another case before
the ICSID in which Border Timbers is suing the government for damages caused
by illegal land invaders on the company’s properties.
The same three-member panel was due to arbitrate in both cases. The
remaining members of the arbitration panel are Canadian lawyer Yves Fortier
and New Zealand’s David Williams.
In case number ARB/10/15, Bernhard von Pezold and others are suing the
Government of Zimbabwe for loss of income during the three-week stand-off in
June last year between the German investors and marauding gangs from Mugabe’s
party.
The case was registered on the roll of the Paris-based tribunal on 8 July
2010, a few days after the Harare regime bowed to pressure from the Germany
embassy to order the illegal land occupiers off the investor’s properties.
The German investors are accusing the Zimbabwean government of failing to
act against the illegal occupants who claimed they were allocated the
properties under Mugabe’s controversial land reform programme.
Harare only ordered the armed and alcoholic mob off the farms after the
Germany government threatened to withhold aid to Zimbabwe.
The illegal land occupiers are believed to have looted maize and other crops
valued at more than $1 million since moving onto the farms on June 18.
The properties are covered by a bilateral investment promotion and
protection agreement (BIPPA) between Zimbabwe and Germany in 1995 but which
came into force in 2000.
The agreement precludes any farms owned by Germans from expropriation under
Zimbabwe’s controversial land reform programme.