KALENGWA MINE’S LICENCE SUSPENDED, MOXICO’S DAVIES GETS CITED FOR CONTEMPT
The Kitwe High Court has stayed Euro Africa Kalengwa Mines Limited’s Large Scale Exploration Licence number 8584- HQ-LEL while Kalengwa Mineral Processing Limited (KMP) has applied to have Moxico Director Allan Davies cited for contempt of court over resumption of operations at Kalengwa mine despite a ruling that halted the works.
The High Court has granted Kalengwa Mineral Processing Limited leave to commence judicial review proceedings against the decision of the mining committee to terminate Kalengwa Processing Zone Limited’s Large Scale Exploration Licence Number 24401-HQ-LEL.
It has also prohibited and restrained the committee, its officers, agents in the public service, the Zambia Police Service and anyone else from forcefully or ejecting Kalengwa Processing Zone, its workers, servants and agents from the mining area in question.
The Court has also prohibited and restrained the mentioned parties from blocking, obstructing or fettering Kalengwa Processing Zone, its workers, servants and agent’s right of entry and access to the said mining area.
“…and also from howsoever interfering and disturbing with the Applicant’s, it’s workers, servants and agents’ quiet and peaceful operations at the said Mining site pending hearing and final determination of the Judicial Review proceedings and that the status quo prevailing immediately before the aforesaid decision of the Mining Licensing Committee be and is hereby restored and maintained; and the costs hereof and incidental be in the cause,” read court order granting leave for commencement of judicial review proceedings against the Mining committee.
KMP made an application for leave to commence committal proceedings against Moxico Resources Zambia, Euro Africa Kalengwa Mine Limited, Allan Davies, Davies Mwanamoya, Mulondwe Muzungu and Samuel Maango over their decision to start preparations for mine reopening.
Kalengwa Processing Zone asked minister of mines and minerals development Paul Kabuswe in a letter dated 16th September, 2024 to ensure that Euro Africa Kalengwa Mine/Moxico Resources Limited halt their operations as per court order.
Through its legal representation CM Legal Practitioners, KPZ told the minister that it believed that the ministry will take all necessary measures to stay the operations of the Euro Africa Kalengwa Mine/Moxico Resources Limited Licence.
“This is more so because the two licenses were the subject of the Mining License Committee decision that has now been stayed. To do anything to contract will amount to a blatant disregard of a Court Order and Authority. Our Client shall seek redress for such disregard of the Court and commence contempt proceedings to enforce the Order of the lawful Court,” read the letter in part.
In another letter dated 13th September, 2024, Kalengwa Processing Zone, through Mosha and Company wrote the Attorney General saying the company has previously written to the ministry of mines and copied him on the letter dated 24th January 2024 from the director, mining cadastre department at the ministry of mines and minerals development, addressed to the director, Euro Africa Kalengwa Mines Limited.
“The letter, titled “cancellation of all mining and non-mining rights issued within large scale exploration licence no. 8584-HQ-LEL BELONGING TO EURO AFRICA KALENGWA MINES LIMITED,” indicated that the Mining Licence Committee, at its 77th Sitting held on 23rd January 2024, cancelled all mining and non-mining rights within the area covered by Exploration Licence No. 8584-HQ-LEL, purportedly in accordance with the Orders of the Supreme Court under Ref No 2010/HN/117; SCZ/8/237/2012; 76/2016SCZ/050/2016 issued on the dates mentioned in the said letter,” read the letter in part.
Kalengwa Processing Zone reminded the Attorney General that KPZ was declared the rightful owner of a valid Mineral Processing Licence No. 24982-HQ-MPL and the surface rights held via Farm Nos. 31477, 31478, and 31479 in Mufumbwe, by Court Judgment delivered on 23rd September 2023 by His Lordship Judge Musona in the matter Kalengwa Mineral Processing Limited vs Moxico Resources Zambia Ltd; Euro Africa Resources Ltd; Attorney General, 2023/HPC/0282.
“The Court of Appeal refused an application by Euro Africa Kalengwa Mines Limited and Moxico Resources Zambia Limited to stay the decision of the High Court, which is well known to yourselves. It has come to our attention that Euro Africa Kalengwa Mines Limited and Moxico Resources Limited are proceeding with works on the mine area in question and are hiring staff with the intention to commence operations,” read the letter.
Moxico Resources and Euro Africa Kalengwa Mines Limited have however disregarded the court order as they are set to launch operations with a groundbreaking ceremony to be graced by President Hakainde Hichilema.
Mines and minerals development director for planning Hapenga Kabeta requested Euro Africa Kalengwa Mines Limited vice chairperson Mulondwe Muzungu in a letter dated 12th September 2024 to prepare a speech for President Hichilema for the groundbreaking, disregarding an order stopping the operations at the mine.
“I wish to advise that His Excellency the President of the Republic of Zambia, Mr. Hakainde Hichilema will grace the ground breaking and launch of Kalengwa Mine operations on Tuesday, 1 October 2024 in the Afternoon,” read the letter in part. “Please prepare a draft speech for His Excellency, highlighting the level of investments, number of projected employees both direct and indirect. You may also show the targeted production levels.”
