FOREIGN JUDGEMENTS ARE NOT ENFORCEABLE IN ZAMBIA, KCM LIQUIDATION TO CONTINUE
THE RULING of the South African High Court over Konkola Copper Mines will have no effect on the liquidation processes in Zambia states government.
The Zambian government have further reminded that foreign judgements are not enforceable in Zambia until a rigorous process of registration is undertaken.
Meanwhile, the Zambian government has sent the Attorney General Mr. Likando Kalaluka to visit the South African high court and appeal the ruling to reflect the autonomous and sovereignty of Zambia.
Addressing the media, Attorney General Kalaluka, Mines Minister Musukwa and Justice Minister Given Lubinda at State House today not only noted that the said judgment was not to be circulated in Zambia as it was not only contemptuous but undermine of Zambia’s viable, working and functioning judicial system.
“The foreign judgment are not enforceble in Zambia until a rigorous process is undertaken were it is registered… To that effect it has no effect on the processes going on in Zambia. As government we continue to respect the jurisdiction of the courts and to that effect we have advised our attorneys in South Africa to appeal against the judgment,” Mines Minister stated.
The South African High Court today, granted Vedanta Resources an urgent interdict halting the liquidation of Konkola Copper Mines (KCM) which it owned via 79 per cent shareholding until a final determination through arbitration.
Vedanta Resources, which had previously been sponsoring stories about how unprofitable it was to run KCM, has surprisingly now launched a legal battle for a mine that made it suffers ‘losses’.
Through this push to have KCM back, Vedanta has contracted international organizations such as Euromix, a South African institution, to be the mine’s economic research attacker in the issue of the KCM liquidation.
And Justice Minister Lubinda added that Attorney General Kalaluka will travel to South Africa to not only appeal the case but also protect the Zambian judiciary from being undermined.
“The Attorney General will join the attorneys to explain that Zambia has a viable, working and functioning system and matters that are heard outside Zambia before they take any effect have got to be brought under the jurisdiction of the Local Judiciary system and the Attorney Generals responsibility is to ensure the judiciary is protected from everyone including Foreign jurisdiction they cannot undermine decisions made in Local courts on Local matters,” Hon. Lubinda revealed.
Additionally at an administrative level, Foreign Affairs Minister Joseph Malanji will equally engage his counterpart on the matter away from the courts.
In May, 2019, ZCCM Investment Holdings PLC asked the Lusaka High Court to grant them an order to appoint Milingo Lungu of Messrs Lungu Simwanza and Company as provisional liquidator of Konkola Copper Mines PLC.
This was according to an application for ex parte order appointing a provisional liquidator filed in the High Court on May 21, 2019.
Vedanta Resources Ltd on July 3, 2019 obtained an ex parte order in the High Court of South Africa granting it leave to institute an urgent interim interdict application against ZCCM-IH Plc and Milingo Lungu in his capacity as Provisional liquidator of the KCM.