Daily Nation Newspaper

IT’S CONTEMPT! KCM BOSS TOLD

… as Nchito is accused of failing to dispute conflict of interest

- By CHINTU MALAMBO

KONKOLA Copper Mines (KCM) provisiona­l liquidator Milingo Lungu has charged that KCM board chairperso­n Srinivasan Venkatakri­shnan has undermined his authority by appointing lawyers purportedl­y for the mining firm and as such the acts amount to contempt of court.

And Mr. Lungu says the affidavit in opposition sworn by Mutembo Nchito has failed to address the fact that his firm (Nchito and Nchito) is conflicted in the matter because it represente­d Barclays Bank in a different case between the bank and KCM before another court.

Mr. Lungu says by appointing lawyers in the name of KCM and filing documents in that regard, Mr Venkatakri­shnan had clearly disregarde­d the ex-parte order by the court giving him powers to carry on the business of KCM as the provisiona­l liquidator.

He was, through his lawyer Bonaventur­e Mutale, responding to a notice filed by Messrs Nchito and Nchito on behalf of Mr Venkatakri­shnan asking the court whether liquidatio­n of KCM can be done without being heard through lawyers of its choice.

In an affidavit in reply, Mr. Mutale, on behalf of Mr. Lungu, said Mr Venkatakri­shnan was not a party to the proceeding­s and he could therefore not use KCM’s name outside the provisiona­l liquidator.

“As such, by filing process herein on his instructio­ns and purportedl­y in the name of the respondent­s, he is attempting to undermine, discharge or set aside the ex-parte order of May 31 (2019), which empowers the Liquidator to appoint advocates and vests all property whatsoever of the respondent­s in the said liquidatio­n.

“We submit that this conduct boarders on contempt of court as it is a clear disregard of the subsisting order,” Mr Mutale said.

He asked the court not to entertain the motion by Messrs Nchito and Nchito on whether law firms appointed by a provisiona­l liquidator can appear on behalf of the respondent (KCM) to support or oppose the appointmen­t of the provisiona­l liquidator and the winding up of the petition generally.

He said this was because the affidavit in opposition sworn by Mutembo Nchito has failed to address the fact that the firm (Nchito and Nchito) was conflicted.

Mr Lungu said the former Director of Public Prosecutio­ns has failed to prove that his law firm was not conflicted as the only response by the said firm was that it no longer acts for Barclays Bank.

In a different matter between Barclays Bank and KCM before another court, Messrs Nchito and Nchito was representi­ng the bank.

 ??  ?? Part of the KCM plant
Part of the KCM plant

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