High Court halts CEC interference in Zesco power supply

THE Copperbelt Energy Corporation(CEC) has been restrained by the Lusaka High Court, from interfering with the supply of power by ZESCO to Konkola Copper Mines limited (KCM).

The High Court granted Zesco and Konkola Copper Mines Limited an order of injunction retraining CEC.

Judge Catherine Phiri ordered CEC, it's agents or employees to refrain from interfering with any infrastructure that has been declared as common carrier for the purpose of supplying electricity to KCM by Zesco whether by way of termination, restriction of electricity supply or otherwise.

This is in a matter where Zesco Limited and Konkola Copper Mines in liquidation have sued Copperbelt Energy Corporation PLC for switching off the supply of power to KCM.

Zesco and KCM also sought an order of injunction restraining CEC by itself, directors and officers or its agents from interfering in the time sheet agreement between Zesco and KCM through restricting KCM from receiving supply from Zesco pending determination of the matter.

The two companies want an order restraining the CEC from effecting or taking steps to take out any supply units, lines or delivery points to KCM as they are common carriers as declared under SI no.57 of 2020.

They want costs and any other order the court may deem fit.

Judge Phiri, ruling on Zesco and KCM's application for an ex-parte order of mandatory injunction, granted it and ordered CEC to permit uninterrupted supply of electricity by Zesco to KCM.

"The defendant by itself or agents shall permit uninterrupted supply of electricity by the first plaintiff to the second plaintiff using transmission and distribution lines which were declared as common carrier by the Minister of Energy pursuant to Statutory Instrument number 57 of 2020 pending determination of the matter," the ruling reads in part.

Judge Phiri said Zesco and KCM shall be allowed unfettered access and entry to CEC's property or premises in order to enforce the court order.

The court however, set June 11 this year, as date for inter-parte hearing of the injunction.

Meanwhile, CEC in a new matter, has applied for leave of the court to commence judicial review proceedings challenging the decision of Energy Minister Mathew Nkhuwa to declare its transmission and distribution lines as common carriers.

CEC also wants to challenge Energy Regulation Board (ERB)'s decision of May 31, 2020 to direct it to charge wheeling tariff of US$5,84/kw/month.

In a notice of an application for leave to apply for judicial review, CEC has cited the Attorney

General and ERB, seeking a declaration that Mr Nkhuwa's decision to declare its transmission and distribution lines as common carrier was unlawful.

It is also seeking a declaration that Mr Nkhuwa's decision

to provide a wheeling path for Zesco Limited to supply power to KCM or terms dictated by ERB was illegal and therefore now and void.

CEC also wants the court to declare that Nkhuwa's decision to issue Statutory Instrument number 57 of 2020 was illegal.