SPAX Mining Limited of Chingola has sued Inspector General of Police Stella Libongani for allegedly seizing 3500 bags of Copper ore without seizure notice.
The company has sued Ms Libongani and the Attorney General over the decision by the Copperbelt Police Chief Joyce Kasosa to seize over 3500 bags of copper ore and deploying police officers at plot 5078 in Chingola, without a restriction order.
In his application for judicial review in the Kitwe High Court, Spax mining director Kabaso Mulenga said the defendant’s decision was illegal because the applicants were denied access to their source of income, therefore, causing huge loss of business.
Mr Mulenga explained that the company entered into a contract to buy Copper ore from Cordrill mine, Lunga resources and Caltage mining in North -Western province under the small scale mining licence .
He said the goods were transported from Mufumbwe and Kasempa to Chingola where they were placed at the warehouse located at plot 5078, off Solwezi road in Chingola.
Mr Mulenga stated that on May 3 this year, the defendants through Ms Kasosa conducted a search at the company warehouse purportedly looking for Copper anodes but found Copper ore stored at the said premises upon which they requested for legal documents.
He said required documents were produced to prove ownership and authority from the mines development department at the Ministry of Mines dated April this year.
Mr Mulenga said despite being provided with documentary proof of the source of the copper ore and authority to transport, the defendants deployed four police officers who took over the premises disturbing the flow of business.
“The plaintiff is now unable to purchase, re-sale its low grade copper ore, has been deprived of it’s constitutional guaranteed right to property as it has been forcefully grabbed by the police without any seizure notice being served on the plaintiff,” he said.
Mr Mulenga said the decision by the Copperbelt police chief to seize property without any seizure notice and place the premises on 24 hour police guard without a restriction order was a constitutional infringement on deprivation of property.
High Court Judge Dominic Sichinga has granted leave to apply for judicial review and has ordered that the 3500 bags of low grade copper ore stocks in the ware house be preserved and remain attached to the proceedings until determination of the matter.