Mining companies run to court over seized properties
THREE Copperbelt-based mining companies have asked the Lusaka High Court to grant them leave to apply for judicial review over the Drug Enforcement Commission’s (DEC) decision to seize one of the company’s property on allegation that the goods were stolen from Nkana slug dump popularly known as the Black Mountain.
In an affidavit in support of ex-parte summons for leave to apply for judicial review filed in the Lusaka High Court, Avocado Mining Limited, Xihe Mining Limited and Atlantic Mining Limited dragged the government and Nkana Alloy and smelting company limited to court over DECs alleged unlawful seizure and abuse of authority allegations.
Chilufya Mwenya the director at Atlantica Mining company claimed that the mining companies conducted mining activities at various sites including Lunga Processing Zone.
Mr Mwenya claimed that the mining companies bought Copper Ore materials from Lunga minerals and Exploration limited which collected its minerals from the blank mountain pursuant to an order of the High Court that the black mountain did not belong to anyone as its ownership was still being determined by the court.
He alleged that the commissioner of DEC and its officers conducted a raid on some of the mining companies’ processing sites looking for alleged stolen property.
“Without justifiable cause and on a search warrant for alleged stolen property, on October 6, 2017, the commissioner of DEC and its officers conducted a raid on some of our mining companies in particular stand No. 5 Lunga Processing Zone pursuant to Money Laundering Act No. 14 of 2001 seized their our goods and services,” he said.
Mr Mwenya claimed that DEC conducted the said operations without giving any reason or grounds and in complete violation of Article 16 of the Constitution of Zambia section 15 of the prohibition of Money Laundering Act No. 14 of 2001.
He further alleged that no complaint, suit or charge had been labelled on the mining companies but that the said companies had been unlawfully shut down and DEC had continued to deny them access to their properties.
Mr Mwenya seeks the courts indulgence to grant the mining companies leave to have judicial review which should act as a stay of execution of the decision of the commissioner and an order directing the commissioner to recall his armed personnel from the mining company’s property, release the seized goods and allow the mining company to have possession of their properties and resume their operations pending determination of the matter.