The Office of the Attorney General (AG) has been dragged to Court for allegedly engaging in fraudulent activities at Kalengwa Mine in Mufumbwe District of the North Western Province.
The Attorney General office has been sued together with 15 others who include Shakwi Fawaz, Hetro Mining and Ores Limited, Lunga Resources Limited, Kalengwa Mineral Processing Limited and Kalengwa Processing Zone and Kalengwa Processors Limited among others in a case involving Euro Africa Kalengwa Mines Limited and Chief Mukumbi Kizela of Mufumbwe District.
The plaintiffs (Euro Africa Kalengwa Mines and Chief Kizela) have sued the AG office for failing to ensure that the Supreme Court Judgements regarding Kalengwa mine were implemented which has resulted in perpetuating fraudulent activities which have been going on at the mine despite the Supreme Court ruling in favor of the plaintiffs on three occasions.
In a statement of claims filed in the Lusaka High Court on Monday, 13th October, 2020, the plaintiffs said the AG had been sued in his capacity as Chief legal advisor to the Government.
“The 16th defendant is the chief legal advisor to Government and is sued pursuant to the provisions of Section 12 of State Proceedings Act Chapter 71 of the laws of Zambia.
..The 5th Defendant is equally sued on account of having purportedly purchases farms F/31477, F/31478 and F/31479 from the 2nd, 3rd and 4th defendants herein which were in fact fraudulently obtained in a well calculated and elaborated scheme aimed at defrauding circumventing judicial pronouncements including Supreme Court Judgements,” reads the statement of claim in part.
The plaintiffs further claim that the mine has not seen meaningful mining activities due to “protracted and calculated litigation” by way of erroneously granted injunctions against the first plaintiff for over seven (7) years preventing their ability to commence mining at Kalengwa.
The Plaintiffs have since asked the court to grant them an order that Certificate of Title number 302434 relating to F/31477 Mufumbwe, Certificate 302681 relating F/31478 Mufumbwe and Certificate of Title 302681 relating to farm F/31479 Mufumbwe were fraudulently obtained and are cancelled together with damages being awarded amounting to US $120 million among other claims.
The Companies being sued have all been used to circumvent the Supreme Court Judgements which led to the Judges warning Fawazi not to ever appear before the Court over the issue of Kalengwa when he lost the matter for the third time.
In passing judgement the Court said “the subject matter of the case has already been adjudicated upon by this court in two final judgments and in the judgment on 25 March 2015, we ordered Hetro mining to vacate the disputed mine with immediate effect and we allowed the appellant [Euro Africa Kalengwa Mines Limited] to take possession of the mine for the respondents [Fawazi’s Lunga Resources company] to now challenge possession based on our judgment is pure arrogance particularly that the people behind Lunga Resources and Hetro mining are the same people that made unsuccessful claims to the mine in the previous two claims.
The Supreme Court further said that “the view we take is that our judgments and the Kalengwa mine are res judicata, meaning that it is finally decided.”
Last week the Vice President Inonge Wina when asked about the status of Kalengwa mine by Mufumbwe Member of Parliament acknowledged that the continued closure of the mine in Mufumbwe was depriving the local community employment opportunities but seemed not to have full information regarding Supreme Court Judgements as she said the issue of the mine was still in court when in fact judgement in favor of the plaintiff was passed a long time ago.
PF.
What happened to that KCM director called Milingo Lungu? As he collected enough money to build the useless PF convention center on copperbelt?
Lungu was the lawyer for this Lebanese criminal fawaz…….thst is why they disregard court rulings with impunity.
In Zambia , as long as you are connected to lungu or the higher echelons of PF , court and police mean nothing…..they are trash , to be rubished at will…..
What a surprise. Another person within the folds of the Patriotic Front. Another corrupt official. It goes right to the very top.
What do you expect of PF.
Just thives
The PF government is packed with thieves from top to bottom that is why implementing the courts judgements is problematic.It is only in Zambia where the courts fails to pass fair judgement against members of the PF that is why we ended up with the 48 houses without owners and fire tenders costing a millions dollars each
Another disgruntled upnd sympathiser. Good luck suing such great and honourable men
Now you know why Anonymous calls Edgar Lungu Bandit President…he is surrounded by bandits…the judiciary is full of bandits..
Kaiza Zulu, you come into the world through the Anus.
KZ, to help you understand, let us speak in elementary school idioms which is indicative of your learning disability (no offence).
The PF Attorney General has been sued together with 15 for allegedly engaging themselves in fraudulent activities at Kalengwa mine. The plaintiffs are Euro Africa Kalengwa Mine and Chief Kizela. This has nothing to do with partisan politics, its fraudrency the whole mark of PF regime. Sorry can not be more basic than this – Check mate.
KZ, to help you understand, let us speak in elementary school idioms which is indicative of your learning disability (no offence).
The PF Attorney General has been sued together with 15 others for allegedly engaging themselves in fraudulent activities at Kalengwa mine. The plaintiffs are Euro Africa Kalengwa Mine and Chief Kizela. This has nothing to do with partisan politics, its fraudrency the whole mark of PF regime. Sorry can not be more basic than this – Check mate.
Everyone in PF government is corrupt and they on rampage to get quick riches.
We need clean up to cage the looters.
PF must go!
The person who started the pf and objectives are totally gone.
Definitely the ballot has to answer us next year. This regime has taught us a good experience.
Too much corruption in our country.mufumbwe and kalengwa people they don’t like your investors you want to bring here(KPZ)we need moxico to reopen the MINE in how area please. We have suffered a lot because of shawi fawazi.please we are asking for help,government release the license to the moxico because people of mufumbwe and kalengwa they like them. We don’t want ILLIGOL activities in the mine,we need serious investor (moxico)to open the MINE.