Embraer case

The Judge of the Eighth Section of the Judicial Court of the City of Maputo, Fernando Macamo, has scheduled the sentencing of the “Embraer case” for July 22nd. The co-defendants in this case are José Viegas, at the time chairman of the LAM Board of Directors; Paulo Zucula, then serving as Minister of Transport and Communications; and Mateus Zimba, former manager of the South African petrochemical company Sasol, accused of the crime of business participation. The public prosecutor accuses the defendants of having obtained benefits from a contract for the purchase and sale by the company Linhas Aéreas de Moçambique (LAM) of two Embraer aircraft between the years 2008 and 2099. In yesterday’s session, reserved for the final arguments, the co-defendants’ defence asked for their acquittal on the grounds that they did not commit the crimes of which they stand accused.

Abdul Gany, lawyer for José Viegas, said that, at the time of the facts, LAM was no longer a state-owned company, but rather a public limited company, and his client was therefore not a public servant. He further pointed out that the charge of economic participation in business was barred by statute, the events concerned having taken place more than five years before the trial took place.

Furthermore, it was proven in the production of evidence, Gany said, that the commission paid to Mateus Zimba through his company Xihivele was disbursed by Embraer and not by LAM. The amount, therefore, did not affect the price of the aircraft, he said. Damião Cumbane, lawyer for defendant Paulo Zucula, said that Mateus Zimba had met Patrice Candaten in Maputo in 2008, before his client took over as Minister of Transport and Communications.

“The argument of the Public Prosecutor’s Office, according to which Paulo Zucula introduced Mateus Zimba into the business of buying and selling airplanes, falls down, because at the time Zucula was not José Viegas’ senior manager, and had no relationship with LAM,” he said. The Brazilian witnesses called to the stand by the public prosecutor, Cumbane said, clarified that there was no escalation in the price of the planes, which means that the amount paid to the commercial agent [in the business] was borne by Embraer.

“Actually, there was no crime in this case, because the Mozambican state was not harmed,” Cumbane said. “Paulo Zucula did not participate in any negotiations for the purchase and sale of the aircraft to the flag-carrier.” Lawyer for Mateus Zimba, Tomás Timbane, asked for his client’s acquittal on the grounds that he did not commit any crime, the amount he received simply being remuneration for work he carried out for Embraer.