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S.A Court Denies ZCCM-IH Leave to Appeal Judgment

South Africa’s High Court of Gauteng Local Division has dismissed with costs ZCCM-IH’s application for leave to appeal a judgment of July 23, 2019.

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.

10 Comments

  1. Razor

    Why did you even appeal. It was just a waste of time and money when you don’t even recognise that judgement.

  2. Kalubemba muchende

    Ba Vendetta ask Mmembe and his cartel they will tell you who Edgar Changwa Lungu is when it comes to such matters, you are gone vendetta finito chapwa Edgar is in control.

  3. Hev rena

    Our govment really erred when taking over KCM.You may be sovereign state but international law must be followed penalties and sanctions.

  4. Nyengo

    London judgement on president Chiluba we lost more money. Are we stil appealin 2 vedanta southafrica judgement is not accepted in zambia. Bye-bye vedanta u win southafrica but heavy lose in zambia the mine we b sold 2 other investment who hav a heart 4 zambians. Cartel in southafrica can’t delivery a fair judgement

  5. Kings

    But why did Z C C M -I H appeal if zambia does not recognise the south african court of law which is an international one? here ba lungu you should try to work wisely because already ZCCM- IH is ashamed by their move.

  6. Hangwende

    President Kaunda wasted a lot of money to liberate SA but what are they paying back with in appreciation of our efforts. It is this connive trickly with Agarwal.

    • Banda

      No it’s these white idiotic judges in SA. They really hate Zambia

  7. Man Jay

    Vedanta should leave Zambia alone why go to to court when you are busy saying the company isn’t making profit u stopped hiring,& u owe a lot of debt to contractors,govt taxes & Zesco.

  8. Chief Mumbo

    I thank you God and our leader for such issue because people use to eat wide fruit on top of our heads.
    Vendetta why were you waist time to go to other courts.By Vendata no more KCM hope Zambia will breath well with second largest worldwide producing copper.

  9. mweene charles

    Since when is our country Zambia subservient to legal rulings of a foreign/non Zambian entity?what cheek this Vedenta lot!(perhaps the lot us Zambians are amiss in terms of legal interpretation? I wonder though!

Comments are closed.