Government has announced that the ruling by the South African High Court on Konkola Copper Mines (KCM) will have no effect on the liquidation processes which is going on in Zambia.
In an urgent high level Press Conference organised in reaction to the South Gauteng High Court ruling against ZCCM-IH and KCM Liquidator Milingo Lungu held at State House addressed by Attorney General Likando Kalaluka, Mines Minister Richard Musukwa and Justice Minister Given Lubinda on July 23, government said the foreign judgements are not enforceable in Zambia until a rigorous process of registration is undertaken.
Speaking on behalf of Government, Kalaluka said the 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. Kalaluka also announced that he will take the process of appealing the South African Judgement.
Meanwhile Musukwa said South Africans Courts have no jurisdictions over the issues on the Zambian soil. He said the foreign judgement can only be undertaken if it’s admitted in the Zambian Courts.
“The foreign judgment are not enforceable in Zambia until a rigorous process is undertaken where 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.
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,” Lubinda revealed.
In a judgement which was delivered by Judge L R Adams on Tuesday July 23, 2019, the South African High court ruled that ZCCM-IH and Provisional Liquidator must halt the process of winding up the business of KCM.
The Court declared that the Shareholders must follow the arbitration process as stipulated in the Shareholders clause through formal disputes as stipulated in the Shareholders agreement.
Earlier this year, in May the Zambian Courts placed KCM under liquidation after the minor Shareholder, ZCCM-IH sought through the Lusaka High Court that KCM be dissolved and a Provisional Liquidator be appointed to dispose off all the company assets.