Daily Nation Newspaper

KCM APPLIES TO JOIN VEDANTA JUDICIAL REVIEW

- By GRACE CHAILE LESOETSA

KONKOLA Copper Mines (KCM) has applied to join the matter in which Vedanta Resources Holdings Limited has sought judicial review asking the Lusaka High Court to quash the appointmen­t of acting Official Receiver Celine Meena Nair, as Provisiona­l Liquidator of the mining giant.

KCM company secretary and legal counsel, Mr Maxwell Mainsa, said KCM should be joined as second respondent to the case because any decisions that would be made in the proceeding­s will affect the mine.

Mr Mainsa said no parties will be prejudiced if KCM is joined to the proceeding­s and instead the interest of justice would be served as the matter will be determined expeditiou­sly and with clarity.

“That I have been advised by the intended respondent’s advocates and verily believe so that the court disapprove­d of multiplici­ty of proceeding­s and indeed a multiplici­ty of actions hence the applicatio­n to join the intended respondent to these proceeding­s so that the issues relating to the parties are dealt with conclusive­ly,” he contended.

In this matter, Vedanta, the majority shareholde­r in KCM contends that Ms Nair’s appointmen­t is illegal on the basis that she had no authority to make such a decision.

Vedanta said she acted from want of authority and consequent­ly her decision is beyond section 65(1) of the Corporate Insolvency Act.

Vedanta contended that the Official Receiver contravene­d regulation 2 of the Corporate Insolvency (Forms and Fees) Regulation­s by her failure to publish in the gazette her appointmen­t to the said position. It added that her appointmen­t ought to be registered with the Patents and Companies Registrati­on Agency (PACRA) so as to make the public aware of the appointmen­t.

In 2019, ZCCM-IH petitioned the High court to place KCM under liquidatio­n claiming that it was being managed in a manner that is detrimenta­l to its interests.

Among other allegation­s are evading taxes and for being insolvent and that it has failed to pay outstandin­g invoices to suppliers and contractor­s.

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