Sale of Mopani Copper Mine Was Illegal, Unconstitutional and Must Be Reversed-Minority Judgment
Constitutional Court Judge President, Hon. Madam Justice Prof.Margaret Munalula leads in Declaring that Mopani Copper Mine Sale Was Illegal
But Hichilema’s Former lawyer, Hon. Mr. Justice
Arnold Mweetwa Shilimi – Deputy
President of the Constitutional Court Group leads and saves the Day
Councourt Ruling Today 18.12.2025
Miles B. Sampa, MP Vs Mopani Mine, ZCCM IH & IH Holding on the petition to reverse the sale by the UPND government of a public asset Mopani mine to IH of Dubai. MBS contended that the sale breached Article 210 of the Constitution of Zambia which states that sale of public assets should first seek Parliament approval.
– Lawyer for Petitioner: was Counsel Phillip Chibundi (Mosho & Co)
– Lawyers for Defendants: Mopani Mine /ZCCM-HH : AG Mulilo Kabesha, SG Muchende, SC Eric Silwamba, SC Mutembo Nchito and others.
*Ruling : Split Judgement of 4:3*
A. MAJORITY RULING ( No Reversal of the Transactions)
1. Justice Anorld Shilimi (Concourt deputy President)
2. Justice Mudfold Mwandenga
3. Justice Martin Musaluke
4. Justice Kenneth Mulife
B. Dissenting (Transaction Should be Reversed as it breached the Constitution of Zambia)
1. Justice Prof Margaret Munalula (Concourt President)
2. Justice Judy Mulongoti
3. Justice Mathew Chisunka
My Reaction: 4 to 3 Judges split benchdecision was close. Hearing the 3 Justices each read their own dissenting judgements in my favour; leaves me very happy that I was on firm grounds to have petitioned the case to the Concourt. I leave the rest to posterity & jurisprudence.
#AlutaContinua
MBS18.12.2025