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S.A Court Grants Vedanta Ex-Parte Order For Urgent Application Against ZCCM-IH

Vedanta Resources Holdings Limited has obtained an ex parte order in the High Court of South Africa granting it leave to institute an urgent interim interdict application out of the South African High Court in Johannesburg against ZCCM Investments Holdings Plc (ZCCM) and Konkola Copper Mines provisional liquidator Milingo Lungu.

Vedanta, in a statement, indicated that it would seek an interim order declaring that ZCMM-IH had breached the shareholder agreement by pursuing winding proceedings against KCM.

“In terms of the Urgent Application (served on both ZCCM and the Provisional Liquidator in

Zambia yesterday), Vedanta will seek an interim court order declaring that ZCCM has breached the KCM Shareholders’ Agreement by pursuing winding-up proceedings against

KCM in Zambia, and directing ZCCM to withdraw those proceedings (thus removing the

Provisional Liquidator). In other words, if the Urgent Application, to be heard on 16 July 2019, succeeds and an  interim order is granted, the order will remain in place until the arbitration – to be instituted in due course – has been finally resolved,” stated Vedanta today.

“Vedanta approached the South African High Court based both on the agreement to arbitrate contained in the KCM Shareholders’ Agreement, and the selection of Johannesburg as the seat of arbitration. The application is brought in terms of the South African International

Arbitration Act, 2017, which facilitates the conduct of disputes of this nature in South Africa.

This Act gives effect to internationally recognised principles aimed at facilitating the resolution of commercial disputes where cross-border parties have agreed to do so by way of arbitration.”

16 Comments

  1. mailonc

    Why cant PF do anything in the right manner?This could have been avoided had the right procedure been followed.Zambia has or had a good case but the usual chipantepante will now result into KCM being reduced into a shell and Chingola and it’s residents being reduced into a Ghost town and destitution.Can Kaiser,Amos and the other inept Advisers now go to South African and put up a similar chidish show like they did in Chingola with guns blazing and all.Not to forget ignoring this Court order and others to follow will result into disastrous consequences for ZCCM-IH and the government in general

    • George Sitali

      Really? Stupid comment you’ve made, I think. When did Zambia become answerable to South Africa’s courts?

      • Frank Chombela

        Zambians will soon know how the running dogs of international capitalism run things. The Zambian attorney general and ZCCM-IH will have to appoint lawyers in South Africa to represent them. More expenses to pay lawyers, cost of travel to SA by the Zambian AG and ZCCM-IH house counsel , lodging in expensive hotels and of course compensation to Vedanta.

      • VMC

        Please, spare us your ignorance. We live in a global village. Why is Zambia paying lapgreen if international courts have no jurisdiction in Zambia ????

      • Nyaano

        If you don’t understand something Mr cadre of PF you better be quite this is about international law Mr ignorant.

      • patriot

        imagine sure!!!!

      • patriot

        imagine the nonsense sure!!!!!!!!

    • Frank Chombela

      It’s going to get messy, really messy. Even Vedanta wins, I don’t expect them to resume mining as the host govt is now a hostile partner. They will seek compensation and Zambia will have to cough up.

    • cho-cho

      win or lose the case to vedanta they must just leave the kcm mines.only people who work in kcm mines that have seen and experience the economical drawback in cities where vedanta runs the mines can agree with me.

  2. Alfred Makanaki

    Vedanta and its owner are ROGUE elements who should be handled with care! He’s worse than the GUPTAS. Lets watch their (mis)adventures carefully..

  3. NO VENDATA IN ZAMBIA.

    ALLOW US CITIZEN TO DEAL WITH VENDATA.

  4. kaye

    don’t just go there let them conevand use our courts

  5. FuManchu

    You can’t sign on to International rules in the game you want to participate in then turn to your local rules when the other participants cry foul! PF is good at criticizing opposition for not offering constructive criticism/advice yet some notable citizens tried to offer guidance on how best to handle the Vedanta saga but to no avail! Well and good for government to create an impression of toughness on an eventual argument loss but it’s the local people that are already feeling hurt by the biting situations in homes and generally the loss of vibrancy in their communities! Mining is international business and choosing to award international investors mining rights to the Zambian resources means the game adopts international rules too!

  6. John

    People stop showing ignorance by asking stupid questions and saying Zambia is not answerable to South Africa, in the contract there is a clause which allows them to do that and this puts our judicial system in a very bad spot

  7. DEEP THROAT

    Doesn’t our Constitution start with something like”NOTWITHSTANDING ANY OTHER WRITTEN LAW—-//–/-?
    Is the South African high court higher than the Zambian High Court in Zambia? Isn’t it subjudice for someone to take a matter in court to another jurisdiction?
    If the Zambian court proceeds to make a judgment, can that be over ruled by a South African high court?
    Wasn’t this case taken to a South African court by a Zambian legal firm? Wasn’t Milingo Lungu appointed by the Zambian Head of State? Would that appointment be overruled by a judge in S A?
    I don’t think it makes sense to say it is PF. It’s our whole legal system and constitutionality which is being challenged by we don’t know who. But looking at who is handling the matter, they have shot themselves in the foot. Zambia is equal to the challenge.
    LET’S WAIT AND SEE!

  8. Mathews Songwe

    Zambia is real animal farm. No one can give advice to the people holding powers and listen

Comments are closed.