Justice Leicester Adams of the Gauteng Local Division, Johannesburg, of the High Court of South Africa has today denied ZCCM leave to appeal his judgement of 23rd July 2019, dismissing ZCCM’s application with costs.
The Johannesburg Court is recognised as a Court in the context of the International Arbitration Act. ZCCM’s application for leave to appeal was in the main against Justice Adams’ finding that the South Gauteng High Court has jurisdiction based on the arbitration clause in the KCM Shareholders Agreement, and that the KCM winding-up application instituted by ZCCM in Zambia amounted to a breach of the KCM Shareholders Agreement.
In his judgement, Justice Adams noted that his central reasons for refusing leave to appeal were that ZCCM raised nothing new in their application that had not already been dealt with in the initial judgement and that leave to appeal can only be granted when the judge is of the opinion that the appeal would have a reasonable prospect of success.
In Justice Adams’ view “there are no reasonable prospects of another court coming to different conclusions, be they on aspects of facts or law, to the ones reached by him.
Vedanta had argued that the original judgement of 23rd July 2019 should stand, both because the Court Order was interim in both form and effect and because the Court was properly empowered under the UN CITRAL Model Law to grant the Order.
It was and remains Vedanta’s view that the dispute with ZCCM has to be resolved through arbitration – as envisaged by the KCM Shareholders Agreement.
Vedanta served its notice of arbitration on ZCCM on 31st July 2019 and remains committed to engaging with the Government of Zambia in order to find an amicable solution.
The recklessness and incompetence in government is depressing. Lawyer s who cannot read and grasp what is agreement s
Just ignore them. Zambia is for Zambia. Mental Levi Mwanawasa brought about this ukutumpa. NEVER ever accept any ruling outside Zambia. Only in Zambia can this ubupuba entertained.
If it was Pius Kasolo, all these PF saga would not have been there.
How can ZCCM loose a case, and even punished with costs?
How much are they going to lose?
Zambia’s intentions were good but the route taken is horrible
While in India Minister of Mines said the KCM issue will be resolved thru the Court. Now that the International Arbitration Court in JHB has dismissed ZCCM-IH’s Leave to Appeal Application, negotiations should start in JHB without further delay. The Banda-Bobo Court circus in Lusaka High Court should cease and let International Arbitration Court do its Work. To quicken the negotiations GRZ/ZCCM-IH should confess that they breached the KCM Shareholders Agreement and wishes to negotiate a Divorce Settlement with Vedanta. GRZ should put an offer on the table which includes the Payment of Damages and Compensation to Vedanta. The sooner this happens the better becoz without Agreement no New Shareholder can buy KCM Assets without Vedanta Consent and Compensation. The writing is on the Wall.
This is what happens when people presenting the country have their interests and not those of the Country. When you were making those silly closes after being bribed by Aqawal you never thought of the interests of Zambia but yours—to enrich yourselves? What a Country full of @@@@@@#### people. To hell with you all.
ZCCM-IH has a very weak locus standi if any as a shareholder.The demon which is tormenting ZCCM-IH is the Shareholder’ Agreement and I wonder why they did not take this into consideration before pursuing liquidation of KCM.International mining companies are notoriously known for legal battles.The government of Sierra Leone earlier this month cancelled mining licences for Tonkolili and Marampa Iron ore mines ,saying the government is not getting enough from its mineral wealth.They have since reinstated the licences for Marampa which is owned by Gerald Group but have accused Tonkolili,a subsidiary of Shadong Iron and Steel Group(Chinese Group of Companies), of lack of commitment to meeting its obligations to the government and the community in which they operate.Tonkolili have since…
Tonkolili have since challenged the cancellation of the licence in the High Court arguing the cancellation is baseless as Tonkolili is upto date with ts dues and royalties to the goverment. Lesson here is,you cant cancel a mining licence or invoje liquidation abruptly without due diligence and get away with it.
. …should be:’invoke liquidation…..’
Uyu muntu nayimubipila. As simple as that.
If there was a way of bewitching GRZ so that he remains with the properties (KCM) he could do it.
????????????
I liked the brains Hon. Banda has exhibited when he said Vedanta has no right to take ZCCM-IH for arbitration as KCM is an independent entity. KCM’s CEO and his team through legal department should be in forefront in dragging ZCCM-IH for arbitration and not Vedanta. Vedanta official should just be receiving reports and offer technical and or legal advice if they ought to realise something out of their mischievous an unethical operational conduct.
Well, it’s a pretty odius situation to be held immovable by a monster organisation that kills our people, poisons our rivers, and takes our copper for free stuffing it’s pockets. All because our then president signed an agreement holding us over to this monster’s shenanigans.
Cry Africa…
This Judgement was predictable. The fact that ZCCM-IN assisted by the AG it means the Zambian Govt recognises the Judgement by the International Judge in JHB. The sooner GRZ and ZCCM starts negotiating the KCM Management Buy Out the better for Zambia. Until Arbitration Agreement is reached by the Shareholders no New Investor can buy KCM Assets without Vedanta’ s Consent and being paid adequate Compensation by GRZ. The KCM hearings in the Zambian High Court are now irrelevant as they have been superseded by the International Arbitrator’s Judgement in JHB, RSA. The best way for Zambia is to offer Vedanta an attractive Compensation which they cannot refuse. Zambia is now paying the Price for mishandling the KCM Shareholders Dispute.
I think Zambia will come out of this fight with a bloody nose
This Judgement was predictable. The fact that ZCCM-IN assisted by the AG it means the Zambian Govt recognises the Judgement by the International Judge in JHB. The sooner GRZ and ZCCM starts negotiating the KCM Management Buy Out the better for Zambia. Until Arbitration Agreement is reached by the Shareholders no New Investor can buy KCM Assets without Vedanta’ s Consent and being paid adequate Compensation by GRZ. The KCM hearings in the Zambian High Court are now irrelevant as they have been superseded by the International Arbitrator’s Judgement in JHB, RSA. The best way for Zambia is to offer Vedanta an attractive Compensation which they cannot refuse. Zambia is now paying the Price for mishandling the KCM Shareholders Dispute.
Government has to endure otherwise unpleasant situation that is seen as unavoidable–
The judge sounds learned I like the way he plays with legal terms, and am seeing some sense in his ruling.Our learned friends they didnt see this coming? Anyway,lets wait and see, how our legal minds will handle it. We are just watching the space.
Legal Experts advised that this would eventually happen by ECL and the PF Govt didn’t listen. Now GRZ has no choice but to negotiate a Settlement with Vedanta. No new Investor will buy KCM Assets until Agreement is reached with Vedanta. GRZ has to pay fines, Damages and Compensation to Vedanta. As we predicted Vedanta will happily walk away from KCM and Zambia with a handsome Compensation for its shares in KCM. GRZ made an expensive mistake on KCM. GRZ should cut its losses by reaching a quick Settlement with Vedanta.
At worst Zambia’s copper will be subjected to court orders as it transits SA
The problems with PF government is that they always think with there tummies, with all their eyes pointed at 2021 thus missing the salient points between now and 2021, from day one in office all they have been thinking of, is 2021, just after swearing-in after the 2016 elections they started buying Campaign material for 2021, how do you develop a country like that?.
Today 2021 is beckoning and when they look back all they see is a trail of destruction created by their short-sightedness, it is now impossible to clean up that destruction and now all they are thinking of is rigging because they have already lost. The trail of destruction is there for all to see where even among themselves they are now fighting to finish off the little remaining wealth meant for the Zambians.
We said it…
We are guided by the Zambian courts of law, NIT south african. So let’s wait for our courts to decide.
Open your eyes! DRC is paying $6Billion compensation to FQM. lf we don’t listen to RSA courts, why did the AG go to defend the matter? Don’t be dull. We are in a global community and cannot runaway from costs. Vedanta will get their money. They will go to International Arbitration and our Copper will be seized in the International Market.