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Hichilema’s Sale Of Mopani Without Parliamentary Approval Is An Impeachable Offence- Fred M’membe

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Dr. Fred M'membe

HICHILEMA’S SALE OF MOPANI WITHOUT PARLIAMENTARY APPROVAL IS AN IMPEACHABLE OFFENCE

It’s beyond dispute that Mr Hakainde Hichilema has sold Mopani Copper Mines to Delta Mining without approval of the National Assembly and therefore in violation of the Constitution of the Republic of Zambia.

Article 210(2) of the Constitution of the Republic of Zambia states that;

(2) A major State asset shall be sold, transferred, or otherwise
disposed of, as prescribed, subject to the approval of the National Assembly signified by a vote of at least two-thirds of the Members of Parliament.

(3) For the purposes of this Article, “major State asset” includes a parastatal and equity held by the Government, as prescribed.

Mr Hichilema has sold 51 per cent shares of the Zambia Consolidated Copper Mines-Investment Holdings (ZCCM-IH) in Mopani Copper Mines, to Delta Mining Limited (Delta) of Dubai without the approval of Parliament as required by the Constitution.

Why didn’t Mr Hichilema seek the approval of Parliament? Was this deliberate or simply an oversight?

The truth is Mr Hichilema knew very well that he didn’t have the two-thirds parliamentary majority required to approve such a sale. So, he decided to circumvent the National Assembly and get his way.

This breach of the Constitution by Mr Hichilema is not without very serious consequences; it is
an impeachable offence.

What’s wrong with Mr Hichilema? Why does he have problems doing things the right way?

Fred M’membe
President of the Socialist Party

16 COMMENTS

  1. The bitter and dangerous Fred at it again. He comments on literary every thing; a sign of diahorea of the stomach and mouth. Did your PF seek parliamentary approval when they got the fake 100% shares and created a debt of K1.5 billion on Mopani? So you want people of the copperbelt to suffer just because of your dirt politics?

    • Calm down Bacembele,this is not the way to communicate. You are a good citizen of this country,just argue toe to toe on issues.

  2. Can someone please tell ba Mmembe that the quoted article is quiet on whether that means selling the whole or part of an asset through partnership. We can’t assume or imply matters of the constitution when it covers limited parts or silent in certain matters. He should instead be advocating that the said article in the constitution because amended to cover everything relating to the sale of a state asset.

  3. Dr. M’membe, what are you waiting for? Impeach him!

    We are tired of your noise making. Let us have some real action for a change.

  4. Come up with some Party communication policy. As it is now, the Party starts and ends up with you. It is turning out to be a launch pad for personal hatred. Ultimately decampaigning yourself and the Chipani.

  5. I do not see a sale, disposal nor transfere here. Is this transaction within the “otherwise”. Where is the lacuna? Is Parliamentary approval only applicable on sale and silent on acquisition of Assets. Please legal minds help us.

  6. Mopani is not a new entity, but is even listed on the Lusaka and London Stock Exchanges. The transfer of shares was agreed by existing shareholders in order for the new shareholder to inject much needed capital to revitalise the mine.

    Transfer of shares on a publicly listed company does not require parliamentary oversight. The owners of the company can do whatever serves their interests without even consulting parliament. Parliament will eventually get the memo and share in the spoils, so where is the beef here?

    How this even reaches the door step of the Head of State is by malice and ignorance.

    Fimba upoke part fili. You will dance pelete, just wait.

  7. There is no sale here you hypocrity. Show us the sale agreement. What is here, just like under KCM is a “convinient” reorganisation of the company structure to save its life,avoid massive employment loss following the pull out of Glencore.

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