The Lusaka High Court has tossed out an application by China Jiangsu International, Busoli Development Company and Skyline Quarry Limited that wanted the court to quash an injunction by Vikram Investments Limited to stop the three companies from conducting illegal mining activities in Chongwe.
The two companies Skyline Quarry Limited and Busoli Development company are registered in name of Mainza Elizabeth Nkomeshya, the daughter to senior Chieftainess Nkomeshya Mukamabo II and her husband Lennard Kawanu together with two other Zambians George Mwamba and Munkonge.
The quashing of the application is contained in a ruling delivered by High Court Judge Flavia Chishimba and it was obtained in Lusaka after a search at the court registry.
According to the ruling delivered April 9th, this year, China Jiangsu International Economic Technical Co-operation Zambia Limited together with other respondents George Mwamba, Skyline Quarry Limited, Limited and Busoli Development Company Limited have been ordered to stop illegal quarrying and mining activities currently being undertaken on the prospecting area that belongs to Vikram Investments Limited.
Ccording to the Ministry of Mines, Energy and Water Development the prospecting licence number 16703-HQ-LPL belonged to Vikram Investments Limited in which it is entitled to do quarrying and mining activities in Shantumbu area of Chongwe.
The prospecting area for Vikram Investments Limited was invaded by the Chinese company and the other two local firms belonging to Nkomeshya, Kawanu and George Mwamba before the Vikram could commence its mining activities.
“Vikram had a clear right to the relief to the land under dispute and that the Chinese company had failed to establish sufficient cause to warrant the court to discharge the injunction.
For the foregoing reasons, the respondents (China Jiangsu International) application to discharge the order of injunction is hereby dismissed. The ex-parte order of injunction granted earlier is hereby confirmed pending determination of the case,” reads part of the ruling by Justice Chishimba.
In the injunction that was granted earlier, Justice Chishimba ordered that the China Jiangsu together with Nkomeshya’s companies should be restrained from entering the prospecting area for Vikram Investments Limited or interfer with the owner of and in possession of the prospecting licence area or carrying any works until further order of the court.
However, China Jangsu International and Nkomeshya’s companies defied the court order and started mining non the disputed land claiming the land belonged to Chieftainess Nkomeshya who had the right to decide who must conduct business thereon.
That is her gran daughter not daughter just to put the facts right.
@Sata, who cares if she is gand daughter or if the Kawanu is Komesha’s son. To issue is not the looks, its the acts, It is Nkomeshya’s land, she has right to dig it for bricks or copper. Arrest those buying “illegal”/ stolen copper, its Zambian government property.
Anyway, KCM is digging and not even paying taxes.
Amashina yamo!!! China Jiangsu International Economic Technical Co-operation Zambia Limited??
The question I would want cleared is weither the land in question is traditional land or not? If it is, the Im sorry the traditional leadership has the right to claim, its land back
MY DEAR, YES THIS IS TRADITIONAL LAND.AND THE OWNER OF THIS IS A LUSAKA WOMAN
CONTRACTOR WHO HAS NEVER EVEN STEPPED HER FOOT IN COURT WHIST OTHER INNOCENT PEOPLE ARE FIGHTING.AND SHE HAS A VALID LICENCE.LAW /COURT YA PA ZED
Nkomeshya is the descendant of a chief who became a slave. She has no right to any land in Chongwe or anyway in Zambia. Notorious for deceit, disloyalty. poor leadership and lack of integrity and average intelligence. There would be no chieftenesss Nkomeshya if a superior empire had not gone to the aid of her fore fathers. Recall how the Zulus once obliterated smaller tribes and intergrated them into the Zulu empire. Her nation was insignificant to say the least and had to become a ‘protectorate’ of the greater nations in central province. She owns nothing She should be grateful to be a tenant on land that does not belong to her. She brings shame on her forefathers.
Whether the land is traditional is irrelevant. The minerals on that land belong to the people of Zambia not a greedy old woman. Stealing from the Zambian people. She is illiterate. If she was a great leader,she would have sent Zambians to study mining so that foreigners would not have the monopoly on Zambian resources.
Whether the land is traditional is irrelevant. The minerals on that land belong to the people of Zambia not a greedy old woman. Stealing from the Zambian people. She is illiterate. If she was a great leader,she would have sent Zambians to study mining so that foreigners would not have the monopoly on Zambian resources.
George Mwamba and Munkonge ? Oh my ! I know these chaps very well.Very refined mambala`s and tamanga`s.
‘Ownership” Or ‘right to distribute land’ does not include ‘rights’ to minerals etc. at law. Put simply if you are granted a piece of land and let you ‘discover’ oil you cannot say it belongs to you the ‘state’ would have a right to claim the oil.
Exactly
As usual Zambians with their fantastic talent for thinking in reverse order! Stop applying your twisted logic to a clear case here. THE COURT IS RIGHT. The fact is that Vikram Investments Ltd has an already existing legal claim to the land in dispute. Nkomesha and her do-something are just muscling Vikram Investments out of the land just because her family has some traditional authority over it.
The truth is that NO TRADITIONAL RULER OWNS LAND IN ZAMBIA. Traditional rulers HOLD and OVERSEE land on-behalf of the citizens of that area or district which falls under their jurisdiction. What we are seeing in Zambia is pure greed and unashamed corruption being practiced by most traditional leaders in Zambia…and then they have the audacity to sing dirty about President Sata. Nonsense…!
OUR TRADITIONAL LEADERS are not exempt from the same anti-corruption law that we impose on politicians every day. EVERY CITIZEN, including traditional leaders, is subject to that law. We can’t have Royal Families exacting such impunity on the rest of the society; they are not Gods and what they are doing is pure abuse of the laws of the nation. So now we are having a royal family frustrating a well-meaning investment…and then tomorrow you blame President Sata that he is not creating jobs when actually it is you yourselves fighting investment. Where was Nkomesha and her royal family all these decades, why didn’t they start their activities on the land at the time BEFORE Vikram Investments obtained the license? This lawlessness can’t be tolerated.
Nkomeshya is the descendant of a chief who became a slave. She has no right to any land in Chongwe or anyway in Zambia. Notorious for deceit, disloyalty, greed,poor leadership, lack of integrity and average intelligence. There would be no chieftenesss Nkomeshya if a superior empire had not gone to the aid of her fore fathers. Her ancestors were being attacked by hitlers. She may be entitled to 1 acre which is quite reasonable for a small tribe. Recall how the Zulus once obliterated smaller tribes and integrated them into the Zulu empire. Her nation was insignificant to say the least and had to become a ‘protectorate’ of the greater nations in central province. She owns nothing She should be grateful to be a tenant on land that does not belong to her. She brings shame on her forefathers.
Missing the point as usual, that is why Zambians are taken for a ride all the time: If it is a question of traditional land, is that traditional land for her relatives only ??
ati “Lusaka High”….High school? Editor fili shani
Downward spiral of the chieftainess has begun. Masebo is a bad news for the cartel of M’member, Mahtani, Kabimba and Nchito. Four male and one shemale soldier to fight the seasoned politician!
@Fidge
Can we keep to the topic sometimes, please! Or are we so daft upstairs that we are unable to discuss anything intelligently without reverting to abusive political statements – because, really, discussing politics is the easiest thing since all you have to do is condemn (even though you yourself is not any better person!). When it comes to real topics that require being well-informed and logical argument, suddenly things fall apart in the head. What has Masebo, Mmembe, Mahtani, Kabimba and Nchito have to do this with the Nkomesha case? It is boring to be bringing up the same observations all the time, especially when nothing sensible is being mentioned just their names and condemnation. We have heard it before, let’s move on to other issues. There is a lot happening!
Tradition leaders should be the last people to act with impunity on matters concerning land and mineral wealthy. Nkomeshya’s daughter should be the last person to mine on land that she knows her mother approved for an investor. This would be obtaining percuniary advantage from her position and knowledge as a tradition leader.
The fact that Vikram has a license to mine & quarry in this area, means that Elizabeth Nkomeshya cannot mine their whatever her mother’s position may be. Nowonder the draft constitution is trying to remove land from tradition rulers to state, though I don’t agree with this approach either. The 2 systems; state and tradition land tenure should compliment each other while re-inforcing each other too.
Who owns Vikram Investment? How far have they gone with prospecting and how many Zambians they have employed? What were the Chinese doing with Chief’s daughter?