Judge Robin Knowles ruled that President Filipe Nyusi is immune from prosecution in the “hidden debts” trial at the High Court in London.
Privinvest's legal representatives claimed that Nyusi would share liability for compensatory damages in the event the defendants were convicted of defrauding Mozambique of more than US$2 billion. This is due to the fact that these loans were guaranteed by the State and yet were not publicly disclosed.
Today, Knowles declared that Nyusi is protected from the jurisdiction of the High Court during his term as head of state, following a hearing that took place on the 1st and 2nd of August.
In June, a British judge warned the President of Mozambique, Filipe Nyusi, to prepare for the trial in the “hidden debts” case, scheduled for October in London. Although Nyusi cited immunity, the judge instructed him to be prepared.
During a Commercial Court hearing, Judge Robin Knowles acknowledged that it was not appropriate to draw conclusions about the consequences of the immunity debate, regardless of the outcome.
The emphasis was clear: regardless of who they were, everyone, including President Nyusi, must act with the understanding that they risk being implicated in this trial or facing its repercussions.
The judge made an observation about the upcoming timing of two important legal events. Specifically, a three-day hearing will take place in early August to address the Mozambican leader's alleged immunity, followed by the start of the trial on October 3.
Rodney Dixon, Nyusi's legal representative during the court process, agreed that the issue of immunity is of great importance and should be deliberated “without delay”.
As the British justice system investigates the shipping group Privinvest and its owner, Iskandar Safa, Filipe Nyusi has been implicated and potentially held responsible if corruption allegations against Privinvest are substantiated.
Although the British Court granted President Nyusi's notification in May 2021, it was only recently confirmed last April. Today marked the inaugural occasion in which he was legally represented in court and was able to invoke diplomatic immunity.
The Lebanese naval group requested explanations from Nyusi regarding his participation in the acquisition of boats and equipment for fishing purposes and safeguarding Mozambique's maritime borders. These acquisitions were made through state-owned companies such as Proindicus, Ematum and MAM.
During 2013 and 2014, loans worth approximately US$2.2 billion were acquired from Credit Suisse and VTB, coinciding with Filipe Nyusi's term as Minister of Defense. It was also at this time that contracts with Privinvest were signed.
During Armando Guebuza's term as head of state, the Mozambique Liberation Front (Frelimo) government secretly sanctioned loans without the consent of parliament and the Administrative Court.
In 2016, a case was discovered that was dubbed “hidden debts”. As a result of this discovery, international aid was suspended, including support from the International Monetary Fund (IMF). Only recently did the IMF resume its financial assistance to the nation.
The legal proceedings were initiated by the Attorney General's Office of the Republic of Mozambique in the United Kingdom during 2019. The objective of this action was to cancel the debt of 622 million dollars that the state company ProIndicus owes to Credit Suisse. The Attorney General's Office alleged that the contracts involved corrupt practices.
The case brought together a multitude of related cases relating to the suspension of payment of its debts by Mozambique, to be judged collectively during the period from October to December 2023.
Several senior government officials and civil servants, including former President Guebuza and former Finance Minister Manuel Chang, were identified by the London process, along with Nyusi.
During the same case, a trial was held in Maputo which culminated in December. Of the 19 defendants, 11 received prison sentences ranging from 10 to 12 years.
Ndambi Guebuza, son of Armando Guebuza, former President of Mozambique, together with two former directors of the State Intelligence and Security Service (SISE), namely Gregório Leão and António Carlos do Rosário, were ordered to pay restitution to the State, totaling an impressive US$ 2.8 billion.
(Integrity/IMN/Zitamar News/RTP/LUSA)
