MUYA and Company Legal Practitioners, the law firm representing Moxico Resources Zambia Limited has written to the Ministry of Mines urging them to stop contemptiously undermining the judgment of the Supreme Court of Zambia concerning the matter of Kalengwa Mine as disposed off in favor of EuroAfrica and Mexico Resources.
The letter has further exposed the contemptuous and illegal actions the Ministry of Mines in favoring the loser(Shawi Fawaz) of the case which is contrary to the ruling and resolutions of claims by the Supreme Court.
The illegal actions have raised serious suspicions of corruption involving senior ministry officials as a ruling from the Supreme Court is often the final legal action as it is the highest court in the land.
In a letter directed to the director of mines at the Ministry of Mines the law firm said the Supreme Courts had not only ruled in favor of their clients but had further directed that Shawi Fawaz and his associate companies should not have anything to do with Kalengwa Mine.
The firm said it was however suprised to note that the Ministry had not only cancelled the licence but offered to the same people which the Supreme Court had explicitly directed not to have anything to do with the mine a decision the firm describes as contemptuous of the judgement of the Supreme Court.
“The Supreme Court had ruled under cause SCZ/8/237/2012 and the above cause that immediate possession of the mining tenement in issue be granted to EUROAFRICA and that Shawi Fawaz and his Associate companies should not have anything to do with Kalengwa mine.
“According to the decisions the two causes, the decisions of the committee (Ministry of Mines) to cancel EUROAFRICA licence and issue it to another company was in contemptuous disregard of the judgement of the Supreme Court,” reads part the letter which was also copied to the minister.
The firm has since advised the director to refrain from engaging in any acts regarding Kalengwa mine pending a resolution from the supreme.
“Our client acted on the representation that the ministry was agreeable to their investiment in the Kalengwa mine.
“We kindly advise that you and your office should refrain from engaging in any acts regarding the Kalengwa mine pending the resolution of the of the claims by Moxico’s subsidiary EUROAFRICA Kalengwa mine,” the letter further reads.
Moxico Resources trading as EUROAFRICA Kalengwa Mine took over Kalengwa mine in Mufumbwe District but has been unable to commence operations due to an on going court battle which was since closed by the Supreme Court. But since the case was closed the Ministry of Mines colluding with Shawi Fawaz has refused to obey the instructions of the court defying the position of the court.
We are yet to see how government in itself can begin to circumvent a court ruling protecting losers for reasons. Questions arising further from these revelations are that in whose interests are the Ministry officials acting if not to safeguard justice and preserve the rule of law.