Anistrida Shangula has sued Konkola Copper Mines (KCM) in the Lusaka High Court for allegedly conducting illegal mining activities on its mining area without lawful justification.
The company is seeking compensation for unlawful deprivation of access to its licensed mining area and an order of injunction directing KCM to refrain from processing, mining, exploring or conducting mining activities in its mining area, among other claims.
In a statement of claim filed in the Lusaka High Court principal registry, Anistrida Shangula stated that it was a limited liability company registered under the Companies Act and that it obtained and possessed an Artisan’s Mining Right under license No. 23893-HQ-AMR, which was registered with Mining Cadastre Department on February 5, 2019.
The company stated that from the date of registration of the license, it was granted permission to access and conduct activities relating to minerals in the mining area, but that KCM had without lawful justification, wilfully conducted mining activities in its area.
“The defendant company has without lawful justification, wilfully conducted mining activities over the plaintiff’s mining area under license No. 23893-HQ-AMR,” read the statement of claim.
It claimed that the Mines Development Department issued a verification report on April 12, 2019, where it acknowledged that there were illegal mining activities on its area conducted by KCM.
“The Mining Development Department issued a verification report on April 12, 2019, wherein acknowledgment was made of the fact that the mining area belonging to the plaintiff under license No. 23893-HQ-AMR has illegal mining developments conducted by the defendant company,” read the statement of claim further.
Anistrida Shangula claimed that it stood to lose every opportunity to access any minerals if KCM continued illegally conducting mining developments in its mining area.
It added that KCM’s continued mining activities in its mining area would deplete all minerals in the area, thereby, rendering its mining license nugatory.
The company further claimed that it had suffered and continued to suffer serious deprivation of its use of the mining area to which their license applies at KCM’s will.
It is now claiming compensation for unlawful deprivation of access to its licensed mining area, an order for possession of its mining area, damages for loss of use of the area and an order allowing its immediate access to the area.
The mining company further wants an order of injunction directing KCM to refrain from processing, mining, exploring or conducting all mining activities in its mining area, damages for inconvenience, interest on damages claimed in the average short term deposit rate, costs and any other reliefs that the court may deem fit.