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Tuesday, August 4, 2020

Court stops Minister Yaluma’s handover of Kasempa mine

Headlines Court stops Minister Yaluma’s handover of Kasempa mine

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The Lusaka High Court has granted Avarmma Mining leave for judicial review against the decision of the Minister of Mines who cancelled its Katokamema large scale prospecting mine licence and awarded it to Kasempa Community and ZCCM Investment Holdings.

Judge Bobo Banda that the leave for judicial review will also act as a stay restraining Kasempa Community and ZCCM-IH from taking possession of the mining area and properties belonging to Avarmma Mining until the final determination of the application for judicial review.

Last Sunday, Minister of Mines Christopher Yaluma cancelled the prospecting licence belonging to Avarmma and gave it to the community and ZCCM-IH but Avarmma filed for leave to issue judicial review proceedings against the decision of Mr Yaluma.

According to court documents, the mining company stated that it has not committed any offence for which such a punitive conversion of the mining right to its detriment should have been undertaken without being given an opportunity to be heard.

“If Avarmma has committed any offence, they should have been prosecuted under the Act but the Minister deprived the company of its mine without notice or any reasons and without being heard,” it stated.

It stated that the Minister is not a member of the Mining Advisory Committee and cannot exercise his powers without consultation with the Committee.

“The procedure for the cancellation of a large scale prospecting licence was not adhered to and the subsequent decision was illegal and no decision at all. The Minister acted ultra vires as there is a restriction in the Act as to how he can exercise his powers, his failure to consult the Committee is fatal,” it stated.

In his affidavit in support of ex-parte summons for leave to apply for judicial review, Avarmma Mining managing director Andrei Fateev said the company was granted a prospecting licence by the Department of Mines in conjunction with the Geological Survey Department.

“There is also a beacon certificate and the coordinates showing that the owner of the licence is Avarmma Mining. The company has spent colossal sums of money in paying consultants to complete the environmental impact assessment and the company also flew into the country a Russian geologist to undertake the ore reserve statement,” he stated.

10 COMMENTS

  1. Zccm handed over a larger brown envelope.. Corruption Which is the biggest problem in Zambia is detrimental to all, they have no shame these ministers just busy lining their pockets.

    • So Yaluma will be prosecuted next year after losing with PF, for firing Zesco director (now Zambia is black out), for importing contaminated oil, for this mining thing…. hooo my goodness so much scandals.

  2. Shame to you Yaluma. I respect you but on this one am disappointed with you. Disorganisation at its best by pf thugs.

  3. SOME OF US ALREADY EXPECTED THIS TO HAPPEN. WE ARE TOLD THAT CHIEF KASEMPA SOLD THE MINE TO VEN MINING WHILE CHIEF INGWE SOLD THE SAME MINE TO AVARMMA MINING. AND THAT IS WHEN THE BATTLE STARTED. THE TWO CHIEFS WERE FIGHTING OVER LAND. THE CROOKED INVESTORS HAVE TAKEN ADVANTAGE OF THE IMPASSE. THE MINISTER PLAYED A FAST ONE TO GAIN POLITICAL MILIAGE, ORGANISED A MEETING AT THE SQUARE IN KASEMPA AND CALLED THE RESIDENTS OF KASEMPA TO CEREBRATE. SOME OF US COULD SMELL A RAT. THE MINISTER DID NOT DO HIS HOME WORK. YOU ANNOT JUST GRAB A MINE FROM AVARMMA MINING IF THEY HAVE A VALID LICENCE. THESE COURT CASES CAN TAKE FOR EVER WHILE THE POOR PEOPLE OF KASEMPA CONTINUE TO SUFFER. THIS IS VERY SAD.

  4. This is what happens when you have dull ministers who do not refer to technocrats for assistance and guidance before passing directives and Lazy Bum Edgar has just added another dull MP with a certificate as highest qualification as Defence Minister.

  5. Ever f00lish PF gvt they can not tell head nor tail. They can distinguish whether they’re going forward or backwards

  6. ZCCM was sold under very secret Sale and Purchase Agreements that the technocrats at ministry of Mines (Director of Mines etc) are still not aware of. How shameful. Parliament should reverse this NOW.
    As for this Kasempa licence, the minister has powers over large scale mine licences. He is on firm ground as lawyers say.

Comments are closed.

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