CONSTITUTIONAL COURT DISMISSES PETITION ON MOPANI MINE SALE
THE Constitutional Court has, through a majority judgment, dismissed a petition seeking to reverse the sale of Mopani Copper Mine to Delta Mining of Dubai.
The petition was filed by Patriotic Front Matero Member of Parliament Miles Sampa, who argued that the sale of a 51 percent stake in Mopani required parliamentary approval under Article 210 of the Republican Constitution.
Attorney General Mulilo Kabesha countered that the transaction was not subject to Article 210, stating that the sale did not require parliamentary approval.
In its ruling, the majority judges held that Article 210 is not yet enforceable, as it requires an enabling Act of Parliament. The majority judgment was delivered by Deputy Constitutional Court President Arnold Shilimi, Judge Mudford Mwandenga, Judge Martin Musaluke, and Judge Kenneth Mulife.
However, Constitutional Court President Professor Margaret Munalula, Judge Judy Mulongoti, and Judge Mathews Chisunka dissented, arguing that the enforcement of Article 210 should not depend entirely on an enabling Act, since the Constitution is supreme and superior to ordinary legislation.
The ruling highlights ongoing debates around constitutional interpretation, parliamentary oversight, and governance of Zambia’s strategic mining assets.
ZNBC