Restraining Order against Tullow Zambia’s Oil and Gas Exploration Dismissed

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Newly appointed Attorney General Likando Kalaluka during the Swearing in Ceremony at State House on April 8,2015 -Picture by THOMAS NSAMA
Attorney General Likando Kalaluka

The Lusaka High Court has dismissed a restraining order it granted to RAE Zambia Limited preventing Tullow Zambia from conducting oil exploration works.

According to a new court order obtained by Attorney General Likando Kalaluka, the injunction has been withdrawn.

“Upon hearing Counsel for the Respondent and upon reading the affidavit of Francis Kondwelani Mwale filed into court in support of the application, it is hereby ordered and directed that the ex-parte order of interim injunction granted to the appellant herein on 8th August, 2017 be and is hereby discharged. Costs for this application are for the respondent,” read the court order.

According to an earlier ex-parte court order seen, the inter partes hearing was set for August 25.

“It is hereby ordered that Tullow Zambia BV by itself, servants, employee, agents, contractors or workmen, subsidiary or associated entity or otherwise is hereby strictly enjoined and restrained from undertaking or engaging in any petroleum exploration activities of whatever nature and description with respect to the area particularly and known as block 31 located in the Northern Province in the republic of Zambia,” read the court order, stamped August 8, 2017 and signed on August 10, 2017.

“Tullow Zambia BV is restrained from interfering with the appellant’s right to enjoy the benefits conferred on it under the Petroleum Exploration Licence number PEL/007 pursuant to the provisions of section 13 of the Petroleum (Exploration and Production) Act No. 10 of 2008; and that Tullow Zambia BV complies with this order forthwith. It is further ordered that this matter is heard inter-partes on the 25th day of August 2017 at 09:00 hours.”

It has emerged that President Edgar Lungu launched the Tullow Zambia Block 31 Oil and Gas Exploration in Kasama, against a court order restraining the UK firm from doing so.

State House Spokesman Amos Chanda explained that there was something strange about the injunction, as neither the Attorney General nor State House were served with the court order before the launch was carried out.

“The Attorney General has not been served with this order neither has Tullow [Zambia BV]. Tullow was informed by phone after the launch that a court order had been issue on 11 TH August,” said Mr. Chanda.

“In any event the restraining order is against Tullow but served on AG who has nothing to do with exploration work! This one is a classic case of something fish, anyway we wait until 25. Under the State Proceedings Act the state can never be restrained from carrying out executive functions later on (sic) the president. In this case that order was not served on anyone before the launch.”

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43 COMMENTS

  1. “Knowledge of Law of the Jungle” employed at delaying development! Familiar with it? It was the same tactics used by UPND when they knew they had lost the elections and in two weeks they could not prove that malice was used by the President to win the elections! These guys want to show themselves that they are “educated” but are “silly!”

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    • This is what happens when corruption start from state house, How can state of be a place where contracts are sign, investors office, roads development office, nearly everything is now done from state house, what a country. In the UK EDF energy one of the biggest contracts in Europe to build nuclear power plant in the UK and no one has seen them at 10 downing street or the PM breaking ground.

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    • Tollow is not going to drill oil. There just going to put painted pegs of NO OIL, and government pay billions for such costs.
      If Zambian government were serious they could just put Chinese there to start drilling tomorrow, and set up pipeline to Inden

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    • I smell corruption here, earlier on State house was very furious with the injunction and threatened punishment.

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    • JUST AN ADVICE TO ALL UPND CHAPS: DO NOT BE AGAINST YOUR COUNTRY ALL THE TIMES. BE IN FAVOUR OF YOUR COUNTRY. DO NOT ALL THE TIMES WISH BAD THINGS TO YOUR COUNTRY. DIG DEEPER BEFORE YOU EXPOSE YOUR SADISTIC BEHAVIOUR: “There is a restraining court order against Tullow Zambia’s Oil and Gas Exploration-GEARS”. IN ANY CASE DO NOT RUSH TO MEDIA HOUSES UPON POUNCING ON INFORMATION YOU THINK AND WISH WILL BE INCRIMINATING. TAKE TIME TO INVESTIGATE. THE IMPERIALISTS NOWADAYS ARE OPERATING THROUGH NGOs. UNFORTUNATELY, THE NGOs DON’T EVEN KNOW THEIR BOUNDARIES- THEY FORGET THAT SOMETIMES THEY ARE ACTING AGAINST THEIR SPONSOR. ANYWAY, ALUTE CONTINUA.

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  2. Find that oil even though the discovery of oil in third world countries like Zambia more often than not proves to be a curse rather than a blessing looking at how war torn and unstable oil rich nations are

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  3. Sounds like that BOMA ni BOMA corruption. Why react now after Chipenzi whistle blowing. This is very suspicious

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    • The discharge was done today, 14th August, 2017 so I believe Chipenzi can make a case that a court order was still violated and if he did not blow his whistle exploration would have taken place..that is why it is called BOMA ni BOMA, they can change anything to cover themselves and suit themselves. No doubt there must have been huge oversight from the advisors of the President and looks like today was a busy day for them.

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  4. If this company is UK registered and there were serious irregularities let me warn the Directors that they will not get of lightly in England.
    As for this empty tin Lazy Lungu why was he in a rush to launch this project…if this Bum is lawyer he would have stayed clear unless he already knew the outcome from the courts.

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  5. Judge’s name doesn’t appear on the order. Is it standard practice? Case moved from 25th to 14th Aug.2017, did AG file urgent application? Kulolavye…..seeds of this natural shud produce abundant harvests for the culprits

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  6. “GEARS Initiative Zambia is aware that this matter is scheduled for inter-partes hearing on August 25, 2017 and wonders why the President and his government was in haste to launch and commission a disputed Tullow Oil and Gas Exploration Project before the case is heard and determined by the Courts”

    That is from this mornings LT article…question is why could they not wait?

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  7. Empty tin JJ emptying his small brain tin in public! I learned in school that an empty tin makes a lot of noise! It is an Under Five spirit. It runs in …!

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  8. #2 @Zebige, it often proves to be a curse because of mentality of people like you (all your clan). If it it were in another country you could be doing civil war by now. You think those guys who arm disgruntled elements like you are not watching?

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  9. Ok tell us why chimpanzee would want this project stopped and what are the plans or intention of the complaints and how do they intend to use this piece of land. Is it simple politicking or something beneficial to the locals and Zambia in general.

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  10. Sometimes I can’t help but admire the late Mwanawasa. I remember when the heritage party took the matter of appointing of HP MPs to court. Levy still went ahead and appointed them…..he said he was appointing these members as per constitution. …

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  11. Was the State part of the court proceedings ?

    Was the State restrained from issuing a drilling licence ?

    An injunction is only valid when it is actually served

    Tullow was restrained from drilling but the State was not restrained from issuing a licence to anyone it deemed fit.

    Its not an act of corruption, its about armchair spectators making legal pronouncements without any idea of how the law works !

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  12. Chipenzi only pointed out an anormally (which has just been corrected at lightening speed) and yet some people want to make him look like he is against the country. This kind of thinking is becoming dangerous for our country. Why do some people feel they are more for the country than others? Why is there so much eagerness to exclude some compatriots? Some of you loud mouths have contributed zero to this country. Can you point to what you have contributed? Some of us can tell you what we have actually created for the common good of all Zambians.

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    • Fruits of Corruption (which include giving or accepting bribes or inappropriate gifts, double dealing, under-the-table transactions, manipulating …) Objectivity and common sense has become a rare commodity.

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  13. Tullow Oil drilled in Ghana..found oil,drilled in Uganda…found oil ,drilled in Kenya …found oil,drilled in Zambia …found controversy & fuzzy laws.

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  14. This a case of a corrupt company influencing both the executive branch and judiciary. We are now a confirm banana republic, where white swindlers can came a do as they wish as long as they gease someone’s sleeves.

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  15. Watch out Zambia! There is a breakout of Diphtheria in South Africa. Keep an eye on passengers from Cape Town. Mwikebati tatwamyebele.

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  16. It is clearly stated that as quoted in the article that “State House Spokesman Amos Chanda explained that there was something strange about the injunction, as neither the Attorney General nor State House were served with the court order before the launch was carried out.

    “The Attorney General has not been served with this order neither has Tullow [Zambia BV]. Tullow was informed by phone after the launch that a court order had been issue on 11 TH August,” said Mr. Chanda.

    So this means there is nothing to start blaming the government of the day. Let Tullow continue with the exploration in Luapula & Northern provinces please, it is high time these areas have big companies as well.

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  17. It is a well known tactic now by the opposition and agents of the cartel to discredit ECL/PF at every turn. It’s no secret that Chipenzi is a upnd supporter as he previously applied to stand in Churundu, if I am not mistaken, on a upnd ticket. Much like LAZ trying to throw a spanner into the Article 31 declaration and raise the issue of a quorum without refering to the republican constitution-same tactic of discrediting, undermining and trying to plant doubt in the minds of voters so they can turn against ECL/PF. This strategy seems to be working against the opposition and their partners as every attack ends in embarassment and illustrates to the voters that the opposition are an erratic, incompetent and vindictive lot not worthy of being trusted with the affairs of our beloved nation;…

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  18. Let the prospecting start. We need all the cylinders of the economy to be firing.

    As long as they are not using our tax kwachas to prospect, let them proceed. When the dollars start rolling-in we shall get our share of taxes while the capitalists take the bulk of the profits to their home countries.

    The trickle effects will be valuable to the whole country. Poverty will reduce, though not significantly but anything that positively impacts our GDP is a good thing.

    All the nay sayers need to start seeing the silver lining in the clouds. And for the ruling party sympathisers, you need to be objective and critical in your approach to issues of national interest.

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  19. I just wonder weather Chipenzi thought he was going to win his war or he was overtaken by emotions , that the two provinces he hates with passion will finally have something to talk about , yes there is oil in the north and luapula provinces .
    However the two provinces are all zambian which means you can work any where in zambia if you are a zambian , what only surprises me is how fast he acted and over looked a lot of facts that go with the case in point , he didnt even consider that the president has executive powers on such issues. I dont know if ever he recognises the president of the republic or he is acting for foreign powers which woudnt want zambia to develop.
    The case at hand is too colossal for Chipenzi to step in and stop the whole process. Chipenzi is too small for those…

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  20. Aagain my post removed, tullow is 100% uk owned a d is only doing geologica studiesi and 2d mapping on its allocation in zambia which js focused on the zambian sides of lake mweru, lake mweru snd lake tsnkanyika.
    We need strong environmental safeguards. If they drill and pollute those lakes can we eat oil instead of fish.

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