ZCCM-IH ENGAGES ZAMTROP LAWYERS

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Laf1986

Messages: 2955

Inscription: Jeu 30 Juil 2009 19:54

Message Mer 22 Fév 2017 12:36

ZCCM-IH ENGAGES ZAMTROP LAWYERS

ZCCM-IH ENGAGES ZAMTROP LAWYERS
https://www.dailynation.news/2017/02/22 ... p-lawyers/

Uncategorized

- February 22, 2017 017


By NATION REPORTER

A top British lawyer Michael Sullivan, who led the prosecution of second Republican President, Frederick Chiluba, in the famous Zamtrop trial, has been recruited by ZCCM-HI to prosecute Zambia’s largest mining company First Quantum Minerals (FQM) on matters that go back to 2007.

Mr. Sullivan, a Barrister who was practicing with DLA Piper, was among the lawyer recruited by Task Force on Corruption Chairman, Mark Chona, who was working in close collaboration with former DPP Mutembo Nchito and Post Editor, Fred M’membe.

But lawyers representing FQM have questioned the validity of the suit because ZCCM did not have a board to validate the action and that without the quorum of a legally constituted board the company could not proceed to sue.

They have now applied to the Lusaka high Court to set aside the action for irregularity
including being time barred.

The lawyers have also
noted that the same matter which comes before the Lusaka High Court today is already under arbitration in London.

According to the statement of claim submitted by ZCCM IH between 2007 and 2014 Kansanshi Mine a subsidiary of FQM, in which ZCCM hold interest, advanced substantial amounts of money to FQM Finance limited to a level of US$2.28 billion by the first quarter of 2012 which advances were not approved by the Kansanshi Mining Plc board. If this suit succeeds it will affect Zambia’s largest mine owned by FQM which has invest billions of Kwacha in Zambia and employs thousands of Zambians.

The suit has been targeted at the company’s President Phillip Pascal, Arthur Mathias Pascal, Clive Newall, Martin Rowley and Kansanshi Mining Plc.

But in its initial response to the application FQM lawyers have noted that the search has revealed among other things that ZCCM did not have authority to commence the action and in addition being statute barred, taking out a writ without board approval as ZCCM had no board when they sued, giving defendants 21 days instead of 42 days required by law to respond when they are out of Zambia and not having obtained leave before suing as the defendants are out of Zambia.

ZCCM-H has made wide ranging accusation stretching over a period of more than 12 years

British lawyers that were used by the Mark Chona led Task Force on Corruption to persecute second republican president Frederick Chiluba, have now been retained by ZCCM-IH to pursue First Quantum Minerals |(FQM) on matters that go back to 2007.

In essence the government has sued the largest mining company in Zambia in a suit that is under arbitration in London and will today be heard in court in Zambia.

But lawyers representing FQM have applied to the Lusaka High Court to set aside the action for irregularity including being time barred. The British lawyers Sullivan were recruited by Mark Chona working in collaboration with Mutembo Nchito and Fred M’membe when they commenced civil proceedings in London before British Judge Peter Smith.

In the present case ZCCM which is owned by the government has sued FQM over a debt owed by its subsidiary, Kansanshi mine, over financial dealings.

The same matter is under arbitration in a London court.

Meanwhile lawyers representing FQM have asked the Lusaka High Court to dismiss the action for among other things – being statute barred, taking out a writ without board approval as ZCCM had no board when they sued, giving defendants 21 days instead of 42 days required by law to respond when they are out of Zambia and not having obtained leave before suing as the defendants are out of Zambia.

The lawyers also noted that ZCCM which is presently led by Dr. Pius Kasolo commenced proceedings against the defendants some of whom were resident outside Zambia without seeking leave of the court.

That the ZCCM board had been dissolved and therefore lacked a quorum and thus power to ratify instructions in the action to bind the company.

The wide ranging suit presents among the defendants FQM, FQM Finance Limited, the company president Phillip KR Pascall, Arthur Mathias Pascal, Clive Newall, Martin Rowley and Kansanshi Mining Plc.
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Laf1986

Messages: 2955

Inscription: Jeu 30 Juil 2009 19:54

Message Mer 22 Fév 2017 14:03

Re: ZCCM-IH ENGAGES ZAMTROP LAWYERS

http://www.judiciaryzambia.com/2017/02/ ... uary-2017/

2016/HPC/0515

Applicant : ZCCM Investments Holdings Plc
Vs
Respondents : First Quantum Minerals LTD + 6 others

For the Plaintiff : ZCCM Legal Counsel
For the Defendant : Mambwe, Siwila & Lisimba Advocates ___________________________________________________________________________________
Time: 12:00 hrs.
___________________________________________________________________________________

Adjudicator: Hon. JUDGE DR W S MWENDA

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