In its $3.1 billion case against the Emirati-Lebanese shipbuilder, Privinvest, for allegedly paying bribes in connection with the ten-year “tuna bond” affair, Mozambique has mostly prevailed at London’s High Court.
The southeast African nation filed a lawsuit against Privinvest and its now-deceased owner, Iskandar Safa, claiming that they bought favours with Mozambican officials and Credit Suisse bankers to get favourable conditions on three projects in 2013 and 2014, one of which was to make use of the country’s coastline waters rich in tuna.
Judge Robin Knowles rendered a decision on Monday that was “substantially in favour” of Mozambique. According to Knowles, the country has been taken advantage of by sophisticated institutions and enterprises who ought to have known better.
The judge stated in his written decision that Mozambique is entitled to reimbursement from Safa and the Privinvest group of firms for little more than $825 million.
In addition, the judge awarded Mozambique an indemnity of almost $1.5 billion that it owes bondholders and lenders, minus the approximately $420 million that the nation has already collected.
The trial focused on agreements made between state-owned businesses and Privinvest for bonds and loans from banks, including Credit Suisse, for projects related to maritime security and fishing boats, which were supported by unidentified governmental guarantees.
However, hundreds of millions of dollars vanished, and when the government’s debt was revealed in 2016, donors like the International Monetary Fund momentarily stopped providing support, which led to a crash in currency values, defaults, and financial instability.
“The scale and nature of what was able to happen in this case presented a systemic threat to Mozambique’s economy,” Knowles said in his ruling, although he was also critical of the country’s officials.
Mozambique filed a lawsuit against three of the former employees of Credit Suisse, which has since been acquired by UBS (UBSG.S), opens new tab. Privinvest, Safa, and other employees of the Swiss firm had entered guilty pleas in the US.
Credit Suisse was able to put an end to the crisis that had already cost the bank hundreds of millions of dollars when it reached an agreement with Privinvest during the trial and then reached an 11th-hour settlement with Mozambique in October.