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S.A Court Ruling on KCM Has No Effect, Says Govt

The ruling of the South African High Court over the Konkola Copper Mines (KCM) liquidation process will not halt the process currently going in the country, the Zambian government has said.

This is because foreign court judgments are not binding in Zambia, especially in the absence of a reciprocal enforcement agreement protocol.

The South African High Court this morning granted Vedanta Resources an urgent interim interdict against Konkola Copper Mines (KCM) minority shareholder, ZCCM Investment Holdings Plc.

However, the Zambian government has said the Gauteng High Court or any court in South Africa has no power or jurisdiction over Zambian courts.

Mines minister Richard Musukwa, who addressed the media at State House in the company of justice minister Given Lubinda and Attorney General Likando Kalaluka, said state lawyers had been advised to appeal the matter.

He said the ruling by the South African court had no bearing at the moment because it was not registered in Zambia.

Musukwa further said Kalaluka would travel to South Africa to join the appeal to protect the integrity of Zambian courts.

And a legal expert explained that an attempt to enforce such judgment requires that an application to register it in Zambia is commenced in the High Court.

“It for this reason that in their statement to the Media,  Vedanta has directed that the Judgment should not be circulated in Zambia as this will be tantamount to contempt of the on-going court process in Zambia,” the legal expert said.

The Zambian Government would then be expected to challenge such registration, given that local processes are also underway.

“Zambians will remember the case of Second President, Dr. Frederick Chiluba where the London High Court passed a judgment against him but such a judgment remained academic as the Zambia courts rejected its registration and it was not enforced in Zambia or world-wide,” he said.

In short, the judgment may not have any impact on the Zambian setup.

For a foreign judgment to bind on Zambia, the countries have to sign a reciprocal agreement protocol which does not exist between South Africa and Zambia.

In May, 2019, ZCCM Investment Holdings PLC asked the Lusaka High Court to grant them an order to appoint Milingo Lungu of Messrs Lungu Simwanza and Company as provisional liquidator of Konkola Copper Mines PLC.

This was according to an application for ex parte order appointing a provisional liquidator filed in the High Court on May 21, 2019.

Vedanta Resources Ltd on July 3, 2019 obtained an ex parte order in the High Court of South Africa granting it leave to institute an urgent interim interdict application against ZCCM-IH Plc and Milingo Lungu in his capacity as Provisional liquidator of the KCM.

34 Comments

  1. muntungwa

    So where do we go from here??

  2. Minor1

    Here we go misleading the public again. This is a Lap Green rerun.

    The judgment in SA is not against the govt, its against a company ZCCM IH. ZCCM IH has assets and probably interests in SA. They dont want to be held in contempt because it affects their ability to do business in SA. They will end up paying a lot.

    Whoever advises our government must be fired and the AG is really making a mockery of his office. Awe mwandi!

  3. Nyengo

    Investor steal frm us and take us 2 court 4 grab a mine using a court frm them. South africa he mocked us that he bought it very cheap and made more profit and disrespecting zambians with low salaries. Last kicks of a deading horse vadenta go in peace

  4. Frank Chombela

    Go ahead and mark your own exam sheets. If you don’t recognise the proceedings in the SA high court, why did you bother to make an appearance and even say you’re going to appeal the ruling? Signing reciprocal legal arrangements normally goes with mutual recognition of judicial competency. Even frequent rumours of judicial misconduct are enough to prevent some countries from signing such arrangements. It’s rather interesting to note that the Zambian high court suspended further hearings on being notified that Vedanta had applied for an injunction in SA.

    • Mutale

      Frank Chombela, thanks! You really are a great man. Very few Zambians can reason like you, you are a True Patriot!

  5. Kubeja Badaala

    Judgment has no effect, really? How come then is attorney general travelling to south africa to challenge the appeal. This nonsense of sovereignty or lack of jurisdiction will not help ZCCM-IH. Lap Green is still being paid by the GRZ for a similar mistake. AG, goodluck hope you win the appeal.

    • Mutale

      Wayasa mwanabama, ulichisankwa ichinaZambia chikwene!

  6. Clement Majoni

    Comment Exactly ! why bother even appealing when you dont recognize it?

  7. kennedy maguswi

    here goes another round of the Lapgreen replay… FTJ lost the case in London, and had all foreign assets seized.
    and just a question, if the RSA Court decision is not anything to worry about, and is academic, why then were our lawyers in South Africa defending ZCCM-IH, and why is the Attorney General travelling to appear for the same case against Vedanta…
    and in whose expense are Zambian lawyers on.. is it not Zambian taxpayers’ money???

  8. Aubrey silo Nanji

    If it’s nothing to worry why is the attorney general going there…..

  9. Razor

    We the zambian will end up paying for this long after Lungú and his cohorts have all gone. Just like we are owing lap green after sata the one who made the mistake is not even there paying.

  10. Charles

    Zambian lawyers there just good on politics you see now No need of sending attorney general FOR WHAT kkkkkk

  11. Sosa H

    Chinese lungu power!Why are we even bothering our selves to participate in this kind of business when these quacks are comfortably enjoying the down payment given to them by the chinese government pretending to cancel the dates.

  12. Kfb

    You are already feeling the effect through ‘fatigue’ of trotting between Zambia and RSA. It is only in Zambia where a pf cadre can wake up a judge at midnight to make a ruling in his/er favour

  13. Mukanwa mukikopo

    Indeed, for sure, why go there to appeal if the judgment has no bearing to Zambia? Why waste the money in form of allowances for those going to appeal in SA?. Is there anything our GOVT is hiding from us? What I know is that the reason for appeal is to turn the judgment in your favor so that you are not punished for the wrong you did.

  14. Ben

    My friends if you lose in Zambia don’t think America or any other country can help. Even the Devils can’t help.

  15. D_x

    Waitin for what will happen there after

  16. Frank Chombela

    Richard Musukwa’s public comments on this issue is in fact strengthening Vedanta’s suspicion that it can’t get a fair hearing in Zambian courts. Dispute is btwn ZCCM-IH and Vedanta and yet Hon Musukwa sees it fit to speak publicly. Where’s ZCCM-IH, a corporate body limited by share capital?

  17. Kanyembo

    Zambia for Zambians, go to hell sa court with your vendata

  18. Frank Chombela

    On 11June 2007, then High Court judge Evans Hamaundu and based in Kitwe, registered a South African high court judgement in Zambia in the application filed by Reefcor Limited against Les Generalis Des Carriers of Democratic Republic of Congo. Don’t listen to those telling you the judgement has no effect on Zambia.

    • The Seeker

      @ Chombela the minister said that the ruling by the south African court has no bearing at the moment because it is not registered in Zambia. Listen to this ‘at the moment, because it is not registered in Zambia.

  19. Patrick

    Don’t go deeper they people who understand the court issues, so pls wait and see what will come out.

  20. Anon

    Useless South African kangaroo court.!!

  21. Man chilu

    Vendata that is time wasting, I thought they had legal advisers

  22. Charles

    I hope you listened to Mr Mark Simuwe on prime tv yesterday.He said our government is a signatory some clauses were we have consented to foreign arbitration in case of a dispute with Vedanta and the jurisdiction of such arbitration can be domiciled anywhere.Why did we append our signatures to such cunning clauses.No wonder these foreign investors take us for granted.They hold the trump card.

  23. Andrew Monde

    The government stance is good,there is procedure in every thing,am happy the government is not shaken.

  24. Moses

    Vedanta know that if you misfire any part of the agreement, you automatically breach it. Taking KCM to a foreign Court does not give you chance to reclaim the company. The best you can do is to reason with Zambians over the issue. S.A does not own KCM.

  25. clint

    China take our KCM

  26. jonathan shingala

    zambia zambia

  27. True Zambian Patriot.

    Mr. Chombela. South African Courts are very corrupt. Research on their history.
    Secondly, You do not publicly condemn your parents just because the have made a mistake. Support them so that you show patriotism. Vandetta, fears that he won’t have a fair judgment here in Zambia. What makes you feel the Zambias will a fair hearing in South Africa.
    This Vandetta, has disrespected Zambians for too long even the latter sold him KCM at a give away price and made insane profits before he even did anything.
    Zambians, why are you so unpatriotic??
    Can you go to India and challenge the decision of their government and succeed?

    Are you happy that Zambians have suffered so much at the hands of these Indians?. Local contractors have not been paid for a long time, poor salaries and inhuman working environment. Wake up Zambians and defend your country. Zambian natural resources belong to Zambians and they are entitled to enjoy them and not foreigners.

  28. Davies

    That What Will Happend The Chines Coz They Are All Over Our Country One Day Will Have Second Colony By China About 71% Ar Chines Project On Credit They Will Take Zambia

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