Daily Nation Newspaper

First Quantum loses court case

- BY CHIKUMBI KATEBE

FIRST Quantum Minerals has lost a court case to have a matter worth US $1.4 billion against them set aside after ZCCM-Investment Holding alleged that the company fraudulent­ly obtained money from Kansanshi Mining Plc without informing the shareholde­rs.

And the Lusaka High Court has denied ZCCM-IH an applicatio­n to criminaliz­e the matter as it would be dealt with under the case before court.

This was in a case in which ZCCM-IH sued the Canadian conglomera­te for US $1.4 billion over claims that FQM borrowed US $2.3 billion from its mining subsidiary, Kansanshi Mining Plc without prior notice to them being the minority shareholde­r.

High Court Justice Winnie Mwenda in her ruling yesterday threw out the applicatio­n to set aside the legal action for what she said were irregulari­ties.

ZCCM-IH earlier argued against the applicatio­n to set aside the suit against FQM and its directors claiming the case was sincerely before court and so should be allowed to stand.

In its affidavit, ZCCM-IH charged that the applicatio­ns by the FQM chairman and chief executive officer Philip Pascall together with other directors Arthur Pascall, Clive Newall, Martin Rowley and Kansanshi Mining Plc be set aside for irregulari­ties because it was statute barred.

They claimed FQM group and its directors concealed the use of the money from Kansanshi Mining Plc which matter ZCCM-IH only discovered accidental­ly in 2015 and hence their move to take legal action.

But First Quantum in response to the suit filed an applicatio­n to have the case dismissed as the case was commenced by a minority shareholde­r.

They argued among other issues raised that ZCCM-IH took the step to sue them without approval of the ZCCM-IH board, claiming it had been dissolved when proceeding­s began.

“The issues raised by the parties in their respective affidavits are, in my view, so contentiou­s that disallowin­g them to go to trial would not serve justice well.

In view of the forgoing, the applicatio­n by FQM to set aside writ and statement of claim for irregulari­ty are wholly dismissed,” Justice Mwenda said.

She explained that while it was obvious that ZCCM-IH had sued on allegation­s of fraud, and that there were numerous issues of contention that arose thereof, Dr Mwenda said the matter would have to be put on trial on its own merit. for the people. Politician­s have their own agenda, but for Government they bring developmen­t for everybody regardless of which party they support.

Chief Ngabwe has since advised politician­s not to bring chiefs into their political difference­s.

He said the 50 chiefs who sit in the House of Chief were selected from various chiefdoms to represent over 288 chiefs and chiefdoms across the country, and all those are selected from among the traditiona­l rulers that represent the people in their various chiefdoms.

“We look after many people from different political parties, but as chiefs, we are like civil servants who work for everybody and we do not differenti­ate which party you come from, which province you come from or which tribe you come from.

“There are five chiefs from each province selected to the House of Chiefs by the rest of the chiefs of each province to represent their views on behalf of the rest of the provinces,” Chief Ngabwe said.

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