ATTORNEY-GENERAl Mumba Malila has asked the Lusaka High Court to dismiss LAPGreen Networks Limited’s application to compel Government to reverse its decision to unilaterally take over 75 percent shares in Zamtel.
And High Court Judge Albert Wood has ordered the transfer of LAPGreen’s matter from the commercial list to the general list because the case does not involve business transactions, as it is about a judicial review.
LAPGreen has applied for judicial review before the High Court and is seeking an order of mandamus (a command) to compel Government to reverse its action of unilaterally taking over 75 percent shares in Zamtel, which belonged to the Libyan telecommunications company.
The company is also seeking an order of certiorari to urge the High Court to quash the decision by Government to unilaterally and unlawfully reverse the sale of 75 percent shares.
But Mr Malila said: “There is nothing exceptional about this case which would justify the applicant (LAPGreen) to commence this action without exhausting the procedure provided for under section 5(2) and 11 of the Lands Acquisition Act.
“Our contention is that this is an attempt by the applicant to disrupt the administrative process. In short, this action is prematurely before the court and it should, therefore, be dismissed with costs.”
He said this in the skeleton arguments in opposition to summons for leave to apply for judicial review by LAPGreen Networks Limited filed in the High Court on Wednesday.
He said LAPGreen has rushed to court without first exhausting all the procedures laid down in the Lands Acquisition Act.
The Lands Acquisition Act requires the claimants to lodge their claim with the minister and to present any claim to the court, only within six weeks after the publication of the notice in the Government Gazette.
Mr Malila said LAPGreen rushed to court even before the publication of the notice in the Government Gazette, contrary to the provisions of the law.
He said it is only after such procedure has been exhausted that LAPGreen can commence proceedings before the court.
Mr Malila said Government followed the right procedure when it acquired the 75 percent shares in Zamtel, contrary to LAPGreen’s claims that its action is illegal.
The Libyan telecommunications company is also seeking an order of prohibition to prevent Government from interfering in the 75 percent equity interest of LAPGreen in Zamtel.
It is also seeking a declaration that the procedure by Government to reverse the sale of the 75 percent shares in Zamtel was unfair, contrary to the rules of natural justice and unlawful.
LAPGreen is also seeking a declaration that the report by the investigations committee (Commission of Inquiry) which Government based its decision to reverse the sale of Zamtel on, is not binding and is unlawful because the committee was not appointed according to the Inquiries Act.
This is according to a notice containing a statement in support of ex parte application for leave to apply for judicial review filed in the Lusaka High Court by Corpus Legal Practitioners on behalf of LAPGreen on Wednesday.
[Zambia Daily Mail]
Lapgreen is wasting its time and money.They are fighting a losing battle.
You are right. Because they are fighting against a Banana Republic and a failed state that PF is making out of Zambia. All of us, who brought PF to power, made the biggest mistake of our life. Keep smelling rat!!!
Judge Wood is a proved and established PF cadre and can never be objective. He sees, dreams, eats and ****kks sata all the time. What do you expect. You cant just grab somebodys investment and expect them to say sata is god.
1.1 & 1.2, you are so ignorant. you don’t even know anything about Paulsen and his team and want was going on in Zamtel. I’ve got a news flash for you, Those guys were crooks, they made the company profitable which by the way is good but kept pumping the money out. There is a lot you don’t know so just shut the **** up.
Really? Well, let’s wait and see.
The problem with the pf(polluted kaponya’s )is that they have zeal without knowledge.
Tell us the knowledge YOU have then.
How can Malila suggest that the Govt followed the Law in reversing the sale? The Govt did not follow due process – Not even issue a notice of intent and yet they want to rely on a breach of the very process that they ignored. I do sincerely hope this makes the review and a fair and just outcome comes of it.
Malila’s skills as a PF cadre lawyer will be tested to the full limit and i can see failure written all over his stupd silly face.
*****….you are so shallow minded.
Libya is in total messy and the lawlessness there should not be brought to zambia
One of the rules of natural justice states that no man shall be judge in his own case and that the other party must be given an opportunity to present its case. What legal procedure did PF govt follow then if they failed to adhere to this simple rule.
What legal procedure did MMD follow in privatizing the ZAMTEL shares???
It’s funny that in Zambia The Lands Aquisition Act works like this. Sata/PF comes in. Smells a rat then without due process of Law reverses a business contract then quotes an act that has to do with Lands. It’s true dirty deals where done on this deal but why not use the courts and not just quote the Lands Aquistition Act to justfy hooliganism in PF? The problem is that even Mmembe can no longer take on his minions as he calls politicians.
Yes, toss it. I second the motion.
All those against Govts take over of Zamtel, right or wrongly…are u suggesting that Zamtel be given back to LapGreen & be owned by Liabians! Gosh thinking ya ma Zambians!!!
Some of you bloggers are sitting in countries where what MMD did is unthinkable whether lawfully done or not. Yet you wish that your very own country should sink into a quagmire of having others than you manage your affairs. This trend must stop. There are so many companies that have literally turned around from simple discipline and honesty without injection of extra capital or equipment. Why don’t you analyze THAT! Pixxy, you are so right. Sometimes I get worried if this is representative of even the Zambians inside the country!!!!!
Can you be in Libya and try to sue that govt and survive.Some of you bloggers are nincompoops.This is our own Zambia company like any other country.No airline,no telecommucations company ,What countyr would that be ?Why is Bandas son steal running,run there is some ocean somewhere
Can somebody with good legal grounding educate me on why GRZ are using the Land Act when it is plainly on the table that LAP GREEN did not apply for a piece of Land on which to establish their business.They acquired 75% shares in an on going concern.So how does Land act come into this?
I really don’t understand how Land law comes into acquiring shares in a company. They didn’t buy a farm! Someone explain please.
@Pixxy and Kalok: I hope that no one with a different, but educated, view to yours is suggesting that they tolerate any illegality in the sale of 75% shares of Zamtel. But rather pointing to the fact that two wrongs don’t make a right. PF had an opportunity to do this in the correct manner and at the very least maintain their credibility. But it appears they have equally ignored the Law and what they (PF) have done would equally be unthinkable in the countries you refer to as Lap Green is entitled to some relief. Investing in foreign countries is common place in almost every part of the world that you guys have been shielded from. Besides, this (investment) only improves the service that customers get and Zamtel is a perfect example.
The PF government have been caught napping. The administrative processes that Malila is talking about should have been followed to the letter by government. I dont believe that there was any wrong- doing on part of LAPgreen. As ZACI has indicated, Government should have engaged the company is administrative discussions either to revaluate the assets of ZAMTEL or increase the government shareholding to at least 49%. But the PF sent the Police to kick out the ZAMTEL CEOs.
There are a few bad seeds in Zamtel remaining. Those who will be leaking information to LAPGreen. These are Eve Banda, Amon Jere, Julius Chanda and a few others. These three are dangerous, corrupt and selfish. They were even opposition the reversal issue. They should surely go.
@prixxy i am a zambia and i don’t subscribe to the notion that zambian government should force us the people to carry the burden of financing the risks of Zamtel. if you believe that zambians should own this company then let it be sold to zambian not Zambian government, as this exposes us to it risks. we the people should not be the eventual financial guarantors of zamtel. zamtel in private hands (let them be zambians if that is the only option acceptable) protects us the ordinary people
I could see few wise people puttung their comments but if someone has realised that before privitization even salries were being paid on OD and during the last 18 months Zamtel contributed USD 33 million towards taxes etc. What should be good for the country a burden on teh tax payers or a tax payer. Very simple but the whatever is done in teh reversal is against the law. Please give me 1 name who is implicated over the Zamtel sale jailed or fine. How can people decide on their own report. They are treating the country as if they are law makers, police and the judge what a conflict of interest. Very SAD:-?
@Naw what have you seen wrong with Libyan. the wrong is being done in Zambia like Zambabwe and investors are being thrown out next is Zanaco but watch out this might take Zambia 15 years back.