https://www.navalimited.com/wp-content/ ... -23_q4.pdf4 Maamba Collieries Limited (MCL), the step-down subsidiary of NAVA Limited is in a breach of terms of its loans, which are exclusively and secured by the underlying
assets of MCL only, with no recourse to NAVA Limited, the holding company. The breach of arrangement is primarily related to default in repayment of principal amount
and delays in payment of interest amount, due to non-receipt of monies from its customer ZESCO Limited. In 2021, MCL along with its lenders to the project had
commenced arbitration proceedings against ZESCO and as further detailed in note 6 below, the proceedings were concluded in favour of MCL in December 2022. On the
basis of the positive outcome of the arbitration proceedings, existence of insurance cover for 65% of the outstanding balance of loans, sovereign guarantee issued by the
Government of Zambia over the balance of trade receivables, and further, in the absence of any demand from the lenders for the repayment of the balance of loan,
management and the Board of Directors of MCL are confident of its ability to generate sufficient funds to discharge its liabilities as and when they fall due and to continue
as a going concern for a foreseeable future. Further, the aforesaid loans payable by MCL to its lenders are continued to be classified basis the original terms of repayment
agreed with the lenders.
5 Effective 1 May 2022 the step down subsidiary MCL and its customer ZESCO Limited have entered into a revised tariff plan together with other conditions, including full
payment plan against supply of energy etc. Pursuant to the said plan ZESCO has agreed to avail 245.65 MW capacity at an annualised availability of 85%, and MCL being
free to trade the balance capacity on the common grid of Southern African Power Pool (SAPP). As per the revised tariff plan, ZESCO shall procure the energy at USO
0.0906/kWh plus taxes which is subject to US PPI based annual indexation. In accordance with the aforesaid plan and the revised credit terms, MCL is realising full
payment against the supply from the months of May 2022, as and when they fall due.
6 Trade and other receivables as of 31 March 2023 includes a sum of i!'339,603.36 lakhs (31 March 2022: i!'428,406.18 lakhs) representing overdue from a customer of
Maamba Collieries Limited, a majority owned subsidiary of the Company, against sale of power and interest thereon. These receivables, whilst secured by a sovereign
guarantee issued by the Government of Zambia, were subjected to arbitration proceedings under the arbitration rules of the United Nations Commission of International
Trade Law, which was concluded in the favour of the subsidiary, based on the settlement reached between the Parties to the proceedings. Pursuant to the final consent
award issued by the Arbitration Tribunal in December 2022, the customer had agreed for a payment plan together with additional privileges and rights which can be
invoked in case of non-compliance with the terms of the final consent award. In March 2023, the customer has requested for a revision in the payment plan as granted by
the arbitration tribunal, and the proposed revision has been duly acknowledged by the subsidiary company without waiving its privileges and rights obtained pursuant to the
arbitration proceedings.
As of 31 March 2023, and subsequently as of the date of adoption of the consolidated financial results, the subsidiary company has recovered/settled i!'148,821.86 lakhs
[US$ 181.01 million (including discount of US$ 60 million)]. In view of the above positive development, while management is confident of realising the remaining dues
aggregating to i!'339,603.36 lakhs (US$ 413.06 million), however, given the uncertainties with respect to financial ability of the debtor and past experience of delays,
management, applying the principles of prudence, decided to continue with the existing provision of expected credit loss and shall consider reversal upon realisation of at
least a significant portion of the dues receivable as per the Consent Award. Accordingly, no adjustments were made in respect of excess credit loss provision, recognised
and provided for in the accompanying consolidated financial results.