SA court ruling has no teeth in Zambia

The ruling of the South African High Court over the Konkola Copper Mines (KCM) liquidation process will not halt the process currently going in the country, the Zambian government has said.

This is because foreign court judgments are not binding in Zambia, especially in the absence of a reciprocal enforcement agreement protocol.

The South African High Court this morning granted Vedanta Resources an urgent interim interdict against Konkola Copper Mines (KCM) minority shareholder, ZCCM Investment Holdings Plc.

However, the Zambian government has said the Gauteng High Court or any court in South Africa has no power or jurisdiction over Zambian courts.

Mines minister Richard Musukwa, who addressed the media at State House in the company of justice minister Given Lubinda and Attorney General Likando Kalaluka, said state lawyers had been advised to appeal the matter.

He said the ruling by the South African court had no bearing at the moment because it was not registered in Zambia.

Musukwa further said Kalaluka would travel to South Africa to join the appeal to protect the integrity of Zambian courts.

And a legal expert explained that an attempt to enforce such judgment requires that an application to register it in Zambia is commenced in the High Court.

“It for this reason that in their statement to the Media,  Vedanta has directed that the Judgment should not be circulated in Zambia as this will be tantamount to contempt of the on-going court process in Zambia,” the legal expert said.

Credit: Zambia Reports

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