Justice Leicester Adams of the Gauteng Local Division, Johannesburg, today said in his judgement that his central reasons for refusing leave to appeal were that ZCCM raised nothing new in their application that had not already been dealt with in the initial judgment and that “leave to appeal can only be granted when the judge is of the opinion that the appeal would have a reasonable prospect of success”.
“There are no reasonable prospects of another court coming to different conclusions, be they on aspects of facts or law, to the ones reached by me. The appeal does not, in my judgement, have a reasonable prospect of success,” justice Adams said.
The Johannesburg Court is recognised as a Court in the context of the International Arbitration Act.
ZCCM’s application for leave to appeal was in the main against Justice Adams’ finding that the South Gauteng High Court has jurisdiction based on the arbitration clause in the KCM
Shareholders Agreement, and that the KCM winding-up application instituted by ZCCM in
Zambia amounted to a breach of the KCM Shareholders Agreement.
Vedanta had argued that the original judgment of July 23, 2019 should stand, both because the Court Order was interim in both form and effect and because the Court was properly empowered under the UNCITRAL Model Law to grant the Order.
Vedanta has stated that the dispute with ZCCM has to be resolved through arbitration – as envisaged by the KCM Shareholders Agreement.
Vedanta served its notice of arbitration on ZCCM on July 31, 2019 and says it remains committed to engaging with the Government of Zambia to find an amicable solution.