Lawyers representing Konkola Copper Mines (KCM) have raised a preliminary issue in the Lusaka High Court in which they want the court to determine whether Messrs Nchito and Nchito are not conflicted and thereby precluded from acting as advocates for KCM Chairman who is also Vedanta Board chairman.
This is according to a motion to raise preliminary issue filed on June 10 by KCM lawyers Messers Makebi Zulu, Ellis and Co., Andrew Musukwa among others who are appointed by Milingo Lungu, the provisional Liquidator.
The mining giant wants the court to determine whether Messrs Nchito and Nchito are not conflicted and thereby precluded from acting as advocates for Vedanta.
This is in the matter in which ZCCM-IH commenced a petition for winding up proceedings against KCM because it was insolvent and has failed to pay outstanding invoices to suppliers and contractors as and when they fall due, among other allegations.
They also want the court to determine whether a sole director and chairman of the board of directors of a company in liquidation has residual powers to instruct an advocate to represent a company where a provisional liquidator has been appointed.
Makebi Zulu and others further want the court to determine whether the preliminary issue dated June 6, 2019 raised by Nchito and Nchito was competent in the absence of notice to defend.
But Messrs Nchito and Nchito have also filed a notice in which they have moved judge Banda-Bobo to hear them on a preliminary issue on a point of law.
They stated that they wanted to be heard on whether Messrs Ellis and Company, Messrs Makebi Zulu Advocates, Messrs Andrew Musukwa and Co and Messrs DH Kemp and Co, who were appointed by Lungu, can appear on behalf of KCM to support or oppose the
appointment of the provisional liquidator and the winding up petition generally.
They also wanted to be heard on whether a confirmation of the provisional liquidation generally can be acted without the respondent and or its directors being heard through lawyers of
Meanwhile, ZCCM-IH has amended the petition to wind up Konkola Copper Mines and affidavit verifying winding up with the leave of court.
In the same proceedings, justice Banda-Bobo has heard an application for joinder in which Vedanta wants to join the proceedings as a second Respondent in which, upon hearing the application, she has set June 20 for ruling and hearing of both applications by KCM’s Makebi Zulu and others and Vedanta’s Nchito and Nchito.