Mozambique president immune from being dragged into ‘tuna bonds’ case, judge rules

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Mozambique’s president can’t be sued in London as a part of a Excessive Courtroom lawsuit introduced by the African nation towards Credit score Suisse and different events over the long-running $2bn “tuna bonds” scandal, a decide has dominated.

Credit score Suisse and different events are defending a posh lawsuit introduced by Mozambique, one of many world’s poorest nations, over their alleged function in arranging $2bn of loans and bond points for the nation in 2013. Mozambique claimed on the time the debt would fund initiatives together with a state tuna fishery.

The size of the debt was hid till 2016 from worldwide donors and the IMF. Worldwide lenders reduce help to the nation after the borrowings’ dimension was found.

The authorized case has dogged Credit score Suisse for nearly a decade and is likely one of the foremost excellent points going through new proprietor UBS because it integrates its former rival, purchased in a rescue takeover in March. A high-profile civil trial of the “tuna bonds” case will begin subsequent month and the defendants deny the case towards them.

In the latest ruling on Monday, a decide dismissed makes an attempt by a variety of the defendants to affix Mozambique’s president Filipe Nyusi as a celebration to the lawsuit after they argued that he ought to contribute to any damages if Mozambique received the case.

Nyusi’s attorneys had claimed to the Excessive Courtroom that he shouldn’t be introduced into the courtroom case as a result of he had immunity from the English courts as a serving head of state.

On Monday, Mr Justice Robin Knowles dominated in favour of Nyusi. He discovered that the president was entitled to lift the immunity problem and he had “immunity from the jurisdiction of this courtroom” while he was head of state of the republic.

Simon Bushell, accomplice at Seladore Authorized, the regulation agency representing President Nyusi, stated on Monday that the choice was a “welcome and vital clarification”. 

The principle civil trial is because of final 13 weeks later in 2023. Credit score Suisse did not strike out the case earlier this yr after it alleged the proceedings had been unfair due to Mozambique’s failures to reveal authorities paperwork. Mozambique argued the trial ought to go forward and stated there had been “strenuous efforts” to acquire paperwork.

The Excessive Courtroom ruled in July the case ought to go forward and stated it “was not simply, proportionate or mandatory” to strike out Mozambique’s case.

The “tuna bonds” scandal continues to generate controversy. In July, South Africa agreed to extradite Manuel Chang, Mozambique’s former finance minister, to the US, the place he faces trial on US fraud prices over the scandal. 

In 2021, Credit score Suisse agreed to pay $475mn in fines and forgive $200mn of debt owed by Mozambique in a collection of co-ordinated settlements with regulators within the US, UK and Switzerland over its function within the affair.