Zambia’s High Court on Tuesday suspended hearings on the winding up of Konkola Copper Mines until the Court of Appeal rules on the lower court’s refusal to let the matter go to arbitration, the provisional liquidator said.

Vedanta has been locked in a dispute with the Zambian government since May, when the government appointed a liquidator to run KCM which is 20% owned by ZCCM-IH and the rest by Vedanta.

Legal arguments have been heard in both Zambia and South Africa.

“Judge Banda decided that despite her not believing in the likelihood of Vedanta’s grounds for appeal, it was in the interest of justice to stay the hearing of the petition,” Provisional Liquidator Milingo Lungu said in a statement.

On Aug. 7, the Lusaka High Court refused Vedanta’s application to halt the Zambian government’s winding-up proceedings against KCM.

However, on Friday a South African high court judge found in Vedanta’s favour when he refused ZCCM leave to appeal a previous ruling in the South African courts halting the sale of KCM pending arbitration.

In response to the Lusaka High Court decision on Tuesday, Vedanta said in an emailed comment it remained “committed to engaging with the government of Zambia in order to find an amicable solution”.

Meanwhile, KCM released the following statement to the media.

LATEST COURT UPDATE-ZCCM IH VS KCM LIQUIDATION PROCEEDINGS

LUSAKA, 27TH AUGUST 2019: The High Court for Zambia today, 27th August, 2019 heard two different applications from Vedanta. These are:

1. The application on behalf of Vedanta Resources Holdings Limited (“Vedanta”) to stay the proceedings in the High Court until the appeal Vedanta wants to make to the Court of Appeal of Zambia is decided following the High Court’s Ruling of 7th August, 2019 refusing to refer the matter to arbitration; and

2. An application by Vedanta to curtail some of the powers given to the Provisional Liquidator by the Court on 21st May, 2019.

The Honourable Judge Madam Justice A.M. B. Bobo reserved ruling on the second application i.e. the application to curtail some of the powers of the Provisional Liquidator and she will decide on a later date.

With respect to the first application Honourable Judge Banda decided that despite her not believing in the likelihood of Vedanta’s grounds of appeal, it was in the interest of justice to stay the hearing of the Petition. This has the following consequences:

1. The hearing of the Petition will be suspended until the Court of Appeal of Zambia renders a decision on Vedanta’s appeal;

2. The Provisional Liquidator, Mr. Milingo Lungu, continues to be in charge of all operations and management of Konkola Copper Mines Plc; to operate normally and as before and no unit should be affected by the latest Ruling;

3. All contractual and commercial obligations are valid and will continue to be honoured by KCM;

In view of the above, we urge all the employees and Business Partners to remain calm, and continue to work safely as we ramp up production. Our Legal team is actively working towards securing KCM interests and ensuring that the due process of the law is followed.

Milingo Lungu

PROVISIONAL LIQUIDATOR

For any clarification contact:

Shapi Shachinda

Manager Public Relations & Communications

Acting President Inonge Wina is concerned with the rate at which conflicting statements are being issued to the public regarding maize and mealie meal supply in the country.

Mrs. Wina says some media outlets and members of the public have taken it upon themselves to issue misleading statements and reports which have largely contributed to the instability and panic being seen in the country.

She said to ensure consistency in the manner that the issue is dealt with, the government has resolved that all statements on the country’s food security situation will only be issued by the ministry of agriculture or through the office of the chief government spokesperson, going forward.

She said the government has further resolved that official statements on maize and mealie meal smuggling will only be issued by Defence and security wings.

Mrs. Wina has also given the Ministry of Agriculture two weeks to issue a statement to the public presenting measures they are taking with the support of all key stakeholders including farmers to address escalating mealie meal prices.

She said the government has embarked on a program aimed at providing a conducive environment for farmers and other private sector players to invest in the maize industry and increase production.

Mrs. Wina said this is in line with the government’s desire to produce enough grain to satisfy both local and export needs, as directed by President Edgar Lungu.

She said as maize production increases, the government can guarantee with confidence that it would succeed in its efforts to provide a solution for the challenges affecting the industry today.

Meanwhile Mrs. Wina has assured the nation that the government has not reintroduced price controls for maize or mealie meal.

She said price controls are contrary to the government’s policy which is to ensure that the growth of the economy is private sector driven.

Mrs. Wina assured all farmers and traders that have contractual obligations with millers to continue transacting as the government is not involved in the transactions.

This is according to a statement issued by Permanent Secretary Administration in the Office of the Vice President Stephen Mwansa.

Chief Justice Ireen Mambilima has directed the newly appointed Lusaka Province Planning Appeals Tribunal to quickly resolve land planning disputes in the province.

ZANIS reports that Justice Mambilima said there is need for the tribunal to work with speed and ensure that disputes surrounding planning for land development and construction are swiftly attended to and resolved.

The Chief Justice said this when she swore in five members of the Lusaka Province Planning Appeals Tribunal in Lusaka today.

Mr Joseph Katolo was sworn in as President of the Tribunal with Muhau Wina as his Vice, alongside Peter Nsombo, Wilma Nchito and Joseph Zulu who were sworn in as members.

Justice Mambilima acknowledged that Lusaka Province is experiencing land development challenges and urged the tribunal to tackle among others cases of illegal land development, illegal sub division of land and illegal change of land use.

She challenged the tribunal members to ensure that justice is not delayed and denied to people and other stakeholders involved in land development planning disputes.

Justice Mambilima explained that the constituting of the Planning Appeals Tribunal follows the dissolution of the former Town and Country Planning Tribunal.

She said this followed the enactment of the Urban and Regional Planning Act no. 3 of 2015, which replaced the Town and Country Planning Act Cap 283 and the Housing (Statutory Improvement Areas) Act Cap 194 as the new authority on adjudication of land development planning appeals.

The Chief Justice stated that the enactment of the Urban and Regional Planning Act arose from the need to address rigidity of the repealed Town and Country Planning Act and provide more flexibility when resolving the planning disputes.

Justice Mambilima also said the new Act intends to ensure that land under customary tenure is properly planned together with traditional leaders.

She further stated that the Urban Act will help to decentralise planning functions to Local Authorities and adjudication of appeal cases at provincial level.

Local Government and Housing Minister Charles Banda and his Permanent Secretary Amos Malupenga and other senior government and Judiciary officials attended the swearing in ceremony.

The government says it has been taken aback by the issues raised by British High Commissioner to Zambia Fergus Cochrane Dyet in his farewell statement yesterday. Chief Government spokesperson Dora Siliya says Zambia has never failed to meet its debt obligations. Ms Siliya says it ought to be realized that Government contracts debt on behalf of and for the benefit of the Zambian people.

On Corruption, Ms Siliya said Government has never and will not under-play the seriousness of corruption and its effects on the country. She said this can be seen in the various measures Government has and continues to undertake to fight the scourge.

Below is a full statement

Republic of Zambia
Ministry of Information and Broadcasting Services

GOVERNMENT’S POSITION ON THE STATEMENT BY OUT-GOING BRITISH HIGH COMMISSIONER TO ZAMBIA MR. FERGUS COCHRANE – DYET OBE

Government has taken note of the remarks by Out-going British High Commissioner to Zambia Mr. Fergus Cochrane – Dyet O.B.E and wish him well as he goes back to the United Kingdom. The government also wishes to appreciate the High Commissioner’s role to foster relations between Zambia and the United Kingdom during his tenure. We hope that the United Kingdom will deal with the Brexit matter successfully so that Zambia and the United Kingdom can continue to have a mutually beneficial relationship.

However, Government has been taken aback by the issues the High Commissioner has raised in his farewell statement and wishes to respond as follows:

1. DEBT

As recently stated by the Minister of Finance Dr. Bwalya Ng’andu, Zambia has never failed to meet its debt obligations. It ought to be realized that the Government of the Republic of Zambia contracts debt on behalf of and for the benefit of the Zambian people. Government, therefore, remains committed to repaying its outstanding debt, now and in the future. It should be noted that even developed countries all over the world contract debt for their development and other programme just like Zambia has done.

2. CORRUPTION

Government has never and will not under-play the seriousness of corruption and its effects on the country. This can be seen in the various measures Government has and continues to undertake to fight the scourge. This is one country where there are no sacred cows as shown in the many high profile cases before the courts of law.

Added to this is Government’s hands-off approach to the various Anti Corruption agencies, which are free to investigate and prosecute anyone suspected of wrong doing. The media is equally abuzz daily, with stories on corruption and other malpractices. This is healthy and it is the desire of Government that this fight is fought transparently and objectively, in which there are no sacred cows.
It is unprecedented in the region that the fight against corruption can be so high on the country’s agenda. It is a fact that Zambians themselves have propelled corruption to the very top of the country’s agenda which makes it seem as though corruption exists only in our country when infact corruption is a worldwide scourge.

3. POLITICAL DIALOGUE

Since Zambia gained independence in 1964, it has peacefully and successfully changed political parties in power three times. In the course of this, we have had six Presidents elected by the Zambian people eligible to vote in General elections. Government wishes to put it on record that every President in Zambia has been elected in a general election by the people of Zambia and not a political party. Zambians have the capacity and necessary abilities to resolve their own issues.

4. DROUGHT/HUNGER SITUATION

Zambia is a sovereign state and reserves the right to make independent decisions on any matter in the interest of its citizens. According to the Disaster Management Act No. 13 of 2010, it is a preserve of His Excellency the President of the Republic of Zambia to declare a national disaster. This Act is also very clear on the procedure that is followed to declare a national disaster.
Government acknowledges that the hunger situation in some parts of the country is serious and is doing everything possible to ensure that food is distributed to all the needy people. The key issue that is considered in declaring a national disaster, is the severity of the incident and the affected communities’ capacity to cope, in conjunction with Government interventions.
Government reiterates that resources are available to deal with the food insecurity that has resulted from the poor crop yield in the 2018/2019 farming season. As such Government has the capacity to deal with the situation, without the need to rush to declare a national disaster.

The distribution of relief food by Government through the Disaster Management and Mitigation Unit is on-going.

5. FREEDOM OF MEDIA AND EXPRESSION

It ought to be appreciated that the fact that the out-going British High Commissioner can speak freely and at length as he leaves Zambia, is a sign of the freedom of expression cherished and upheld by Zambians. His press briefing has been widely covered by our local media in Zambia, which clearly shows that there is press freedom and freedom of expression in our country.
The Zambian media are able to write freely about any issue of public and national interest such as corruption, regardless of who is involved. Besides, we have also continued to experience an upswing in the number of new media institutions, with the full support of the Zambian Government through the Independent Broadcasting Authority (IBA) who issue broadcasting licenses. All this cannot be attributed to anything else but a favourable environment for the media to operate and grow.

The out-going High Commissioner should be reminded that freedom is not absolute. It comes with responsibility. In this regard, Government has a responsibility to protect its citizens from any harm that might arise from careless media conduct, such as inflammatory statements and fake news.

Government is happy that the media practitioners and journalists themselves, have seen the need for self-regulation and they have voluntarily come together and agreed on a self-regulatory framework, which Government will fully support.

Government reiterates its commitment to continued excellent relations with the United Kingdom and wishes His Excellency Mr. Cochrane-Dyte O.B.E the best in his future endeavors.

Chanda Kasolo
PERMANENT SECRETARY
MINISTRY OF INFORMATION AND BROADCASTING SERVICES

27th August, 2019

President of the deregistered National Democratic Congress Chishimba Kambwili has been formally arrested for criminal defamation of the Head of State.

Mr. Kambwili reported himself at Lusaka Central Police for questioning this morning following a call out delivered to his home yesterday.
He is accused of committing the offense contrary to section 61 of the Penal Code Chapter 87 of the Laws of Zambia.

His arrest follows a video circulating in which he refers to President Lungu in a disparaging manner.

Arriving at the Central Police in Lusaka, the opposition Leader said he is not scared of the attempts by the government to silence him.

And New Congress Party President Peter Chanda who reported Mr Kambwili to Police told Journalists that he felt compelled to report the case because the presidency deserves respect.

The Luapula NGO Forum is disappointed with the statement issued by the Young African Leaders Initiative that Luapula residents have nodded the proposed amendments to the Constitution of Zambia.

Luapula NGO Chairperson Kearns Nsama says Samfya and Chifunabuli are not Provincial Centers of Luapula for CRECO to claim that the people of Luapula have nodded the proposed amendments.

Ms. Kearns said CRECO is not an umbrella Organisation that represents the views of all Organizations hence their views are misplaced.

She said her Organisation recently held a public forum where people rejected the resolutions and wondered which people Mr. Ntewewe is representing.

She has challenged Mr. Ntewewe to stop misleading the nation and confusing people over the NDF resolutions.

Mr Ntewewe today issued a statement that Luapula residents have nodded the proposed amendments to the Constitution of Zambia.

I start firstly by narrating my ordeal as of last night, we had no power since afternoon, so I slept when there was no electricity. I woke up this morning and there was no power, so ironic meaning we had power while we were asleep. I stay in a Komboni so if you went through this last night through to this morning, we should be neighbours!!!

There are so many conflicting reports about why ZESCO has re-introduced this perhaps stage 4 of loadshedding, that its hard to climb through the mire to the absolute truth. Others say it’s water levels and maybe those could be close to the truth!

The rotational power cuts, which are at 8hrs in a day are here to stay. Load shedding is bad news for jobs, investment, food prices. Load shedding is very expensive, not only to ZESCO, because we cannot sell as much electricity as we want to, but also for the country and worse off small holder businesses that survive on electricity.

Failing ZESCO and its resulting loadshedding schedule that is not even being followed may soon be called a “national crisis”. How soon our power supply will become stable again we don’t know seeing that this is only August not yet OCTOBER, but at least we know we should brace ourselves and get prepared, right?

Whatever Minister of Energy Nkhuwa was saying about going to draw water from Congo would to my least annoyance be left for the technicians and engineers for how feasible that is, except to say that this level of load shedding, will tremendously affect the Economy in Zambia terribly especially with the high rising costs of foodstuffs such Mealie Meal.

The interruptions caused by load shedding has a negative impact on the costs of small businesses in various sectors.

This is so because, electricity is an important input cost for many small holder business like salons, barbershops, welders, butcheries, restaurants, business centers etc and load shedding comes at a cost for all in these categories, as they have to make provision to run generators to keep operations going. These may even face unbearable pressure if the costs of maintaining operations increase.

Load shedding, or the lack of power, is causing several businesses to reassess their operations. Stage 4 load shedding is very serious indeed and it will effect basic micro commerce and industry.

While all industries such tourism, mining, manufacturing etc are being impacted, the effect on the compounds is extremely devastating and hence my question, who should be the target of ZESCO’s longer hours of loadshedding, between CHAWAMA compound and KABULONGA or Leopards Hill or Ibex.

Densely populated areas like Wusakile, CHAWAMA, Kyawama, Kaunda Square, Mtendere, Mandevu among others depend more on ZESCO supplied electricity for their little economic initiatives. Unlike those in up-market residential areas which are less populated. Ideally, infact those in places like Woodlands and KABULONGA are more financially able to buy a genset, gas stoves and solar panels for their home use other than in the compounds.

The disruption of economic output impacts on the little out-of-initiatives employment by local residents to themselves, which in turn impacts on household disposable income growth in the compounds. No income means crime, poor nutrition, no healthcare etc.

Sadly, if load shedding is sustained, and if there is no security of electricity supply in the long term, it will be costlier to produce food. Obviously those costs will be passed onto the consumer, eventually in the longer term it will have an impact on food inflation, if it is sustained. Therefore government must find a lasting solution in this coming budget.

So in conclusion, I am of the considered view that if government is concerned about poverty and the hard impact on small survival economic activities in these areas, through ZESCO they may consider loadshedding the compounds lesser hours irrespective of the high levels of consumption. As a matter of fact, it’s not free they will still be paying for it. Otherwise crime will be on the rise and unfortunately those in residential areas will be the target of the crime. It’s a balancing act.

Prince Ndoyi
MMD Youth