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Headlines South African Ruling has not effect on the current liquidation process of KCM-Musukwa


Minister of Mines and Mineral Resources Richard Musukwa has said that the ruling handed by the South Gauteng High Court in South Africa this morning granting Vedanta Resources an urgent interim interdict against Konkola Copper Mines (KCM) minority shareholder, ZCCM Investment Holdings Plc, has no bearing on the current position of Government on the liquidation process of KCM.

Speaking to the media, after the ruling and flanked by Minister of Justice Given Lubinda and the Attorney General Likando Kalaluka, Mr Musukwa said that there foreign judgments are not enforceable in Zambia until they have undergone a rigorous process and that the Judgement has no effect on the processes going on in Zambia about the liquidation of KCM.

Mr Musukwa’s sentiments were further echoed by the Minister of Justice Mr Lubinda who said that Zambia had a working and effective Judiciary and before matters from outsided can take effect they have to be brought before the judicial system in Zambia.

Earlier, South Africa’s High Court granted Vedanta Resources an urgent interdict halting the liquidation of its Konkola Copper Mines (KCM) unit in Zambia until a final decision is made through arbitration.

Vedanta has been locked in a dispute with the Zambian government since May when it appointed a liquidator to run KCM, which is 20% owned by Zambia’s state mining company ZCCM and the rest by Vedanta. Zambia accused KCM of breaching the terms of its licence.

The dispute in Africa’s second-largest copper producer has intensified concerns among international miners about resource nationalism in Africa.

Mumbai-listed Vedanta denies that KCM has broken the terms of its licence and says it will defend its assets in the southern African country.

South African High Court Judge Leicester Adams said on Tuesday in a ruling seen as a big win for Vedanta that wind-up proceedings must be immediately withdrawn until a final decision is made following arbitration.

“Pending the final determination of the arbitration, the first respondent is interdicted and restrained from taking any further steps in the furtherance and prosecution of the winding up proceedings,” he said.

Vedanta welcomed the decision and said it was committed to resolving the dispute. The legal counsel for ZCCM declined to comment.

It was not immediately clear whether the ruling would be binding in Zambia.

Vedanta had sought the urgent order in South Africa to prevent KCM from being wound up, arguing that the dispute should be subject to arbitration, which cannot happen if the Zambian government is pursuing a new investor.

State Witness Tells Court Lungu Applied to Have ‘Chagwa’ on NRc

A State witness has told the Lusaka Magistrates Court that President Edgar Lungu added the name Chagwa to his details on his original National Registration card (NRC) bearing the number 216992/67/1.

Agness Musonda, a registrar at the Department of National Registration, Passport and Citizenship, was giving testimony in the case in which Labour Party president Fresher Siwale is facing charges of defamation of the President.

He is alleged to have defamed the President when he stated that President Edgar Lungu’s real name is Jonathan Mutaware and not Edgar Chagwa Lungu.

Musonda testified that NRC number 216992/67/1 was in the name Edgar Lungu and in 1986, there was an application to add a name after which “Chagwa” was added on November 18, 1986.

She further testified that she received a letter from the Inspector General of Police requesting verification of two National Registration Card (NRC) numbers.

She said the first one was 216992/67/1 and the second one was NRC number 652489/11/1

Musonda told magistrate Alice Walusiku that after checking the records, she informed police that the first NRC number was issued to Edgar Lungu born on November 11, 1956, Ndola and that at the time he was getting his NRC, he was residing in Kitwe’s Chimwemwe area.

“I provided this information to the Zambia Police through the office of the Inspector General…on November, 18 1986 Lungu Edgar added Chagwa to the name and the changes were recorded at the back of the records as is the case when someone changes, or loses a card. And as of today, the records show Edgar Chagwa Lungu on NRC number 216992/67/1,” she said.

Siwale is alleged to have, on April 22, 2018, with intent to bring the name of President Edgar Lungu into ridicule, published defamatory matter by word of mouth by saying that the President of the Republic of Zambia had other names, alleging  that Edgar Chagwa Lungu were not his actual names.

Siwale is also accused of having called for the arrest of President Lungu for having three National Registration Cards.