Daily Nation Newspaper

Ruling reserved on KCM arbitratio­n bid

- By CHINTU MALAMBO

LUSAKA High Court has reserved ruling on the applicatio­n to stay the winding up proceeding­s of Konkola Copper Mines (KCM) and refer the matter to arbitratio­n.

Early this month, Vedanta Resources Holdings, the KCM majority shareholde­r had applied for an order of court to refer the parties to arbitratio­n.

e issues for determinat­ion are whether there was a dispute between the parties and whether the matter should be stayed and referred to arbitratio­n.

is is in a case where ZCCMIH has petitioned the mining company seeking an order that it should be wound up for engaging in tax evasion and being managed in a manner detrimenta­l to its interest among other allegation­s.

In May this year, High Court Judge Annessie Banda-Bobo granted ZCCM-IH an order to appoint Mr Lungu, of Messrs Lungu Simwanza and Company, as provisiona­l liquidator of KCM.

High Court Judge Annessie Banda-Bobo, after deliberati­ons that lasted close to seven hours yesterday, reserved her ruling on the matter to a later date to be communicat­ed.

During deliberati­ons, ZCCMIH opposed Vedanta's applicatio­n saying there was no dispute warranting such an order.

ZCCM-IH contended that Vedanta was not seeking any injunctive relief against it.

It urged the court to continue with the winding up proceeding­s as there was no dispute that had risen to warrant the reference of the matter to arbitratio­n.

ZCCM-IH said there was no dispute because there was an admission of insolvency from KCM.

And KCM also opposed the applicatio­n for arbitratio­n and requested the court to dismiss it with cost.

It submitted that Vedanta was not a party to proceeding­s and could not therefore move the court under Section 10 of the Arbitratio­n Act.

KCM said the court on June 20 this year refused to join Vedanta to the proceeding­s.

It stated in the amended petition that the issues commenced by ZCCM-IH were those which an arbitrator could not deal with.

KCM said the Corporate Insolvency Act had given the court the authority to wind up companies.

Meanwhile, Vedanta, through its lawyer Mulenga Mundashi, argued that it was a party to the shareholde­rs agreement.

Vedanta argued it was a party to the proceeding­s and therefore prayed that the court sustained the applicatio­n.

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Miner putting packs cathodes

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