By Elias Munshya
Does the Johannesburg High Court have jurisdiction in Zambia?
What then is going on?
Ans: It is the Zambian government that agreed with Vedanta and ZCCM-IH that once there is a dispute, it will be resolved from Johannesburg as the seat of Arbitration.
Are foreigners interfering in the Zambian judiciary?
Ans: No. It is Zambia that submits itself to the jurisdiction of international arbitration. Zambia did it under Mwanawasa, and Zambia is still doing it today under Dr. Lungu.
Hint: All these agreements you are making with the Chinese have similar international arbitration provisions in Johannesburg.
Ans: Because Johannesburg is Africa’s biggest commercial centre and has the resources to understand complex international commercial disputes. Besides, there is very little political interference in the commercial division of the High Court there.
Can’t Zambia just repossess the Mines?
Ans: Of course it can! Zambia is still a sovereign state. But if you repossess stuff, you must pay for it.
So what happens?
Ans: Regardless of how it goes. Vedanta is likely to get a few billion from the taxpayers. The Chinese will buy KCM from GRZ for close to nothing. And the Patriotic Front aligned lawyers will have raised millions of dollars for the PF party.
How should it have been done?
Ans: The PF are lying and hoodwinking the people. This was a fundraising project for the party. The sooner they tell Zambians the truth the better.
Sadly, the people of Zambia.