by Natasha Sakala on 19 Sep 2019by Natasha Sakala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019
by Sipilisiwe Ncube on 19 Sep 2019by Julia Malunga on 17 Sep 2019by Stuart Lisulo on 17 Sep 2019by Sipilisiwe Ncube on 15 Sep 2019
by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 18 Sep 2019by Zondiwe Mbewe on 18 Sep 2019
- Goal Diggers
by Mazuba Muleya on 18 Sep 2019by Abraham Kalito on 17 Sep 2019by Abraham Kalito on 13 Sep 2019by Abraham Kalito on 13 Sep 2019
by Diggers Editor on 19 Sep 2019by Diggers Editor on 18 Sep 2019by Diggers Editor on 17 Sep 2019by Diggers Editor on 16 Sep 2019
- Guest Diggers
by Simon Manda, PhD on 16 Sep 2019by Simon Manda, PhD on 7 Sep 2019by pilAto/ Fumba Chama on 7 Sep 2019by Chisoni Mumba, PhD on 17 Aug 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Diggers Correspondent on 11 Aug 2019by Mukosha Funga on 27 Jul 2019by Mukosha Funga on 21 Jul 2019by Web Master on 27 Jun 2019
SA High Court rejects ZCCM’s arbitration appeal with costsBy Joseph Mwenda on 23 Aug 2019
The South Gauteng High Court in Johannesburg has denied ZCCM Investment Holdings leave to appeal against its judgement where it ordered the said company to withdraw the winding-up proceedings against Konkola Copper Mines (KCM) in the Lusaka High Court, pending final determination of the arbitration.
On July 23, the South Gauteng High Court granted Vedanta Resources Holdings Limited an urgent interim injunction against ZCCM-IH and KCM provisional liquidator, Milingo Lungu.
Gauteng High Court judge, L R Adams granted Vedanta leave to move the application as one of urgency and further declared that ZCCM-IH had breached and continues to breach the Shareholders’ Agreement through the institution of the winding-up proceedings against KCM in the Lusaka High Court.
He directed ZCCM-IH to immediately withdraw the winding-up proceedings, pending final determination of the arbitration and further ordered ZCCM-IH to restrain from taking any further steps in the furtherance and prosecution of the winding-up proceedings and to further restrain from instituting any winding-up application against KCM, pending final determination of the arbitration.
But ZCCM-IH had applied for leave in the said court to appeal against the whole judgement and order.
However, Judge Adams has dismissed ZCCM-IH’s application with costs and further ordered it to pay Vedanta cost of the application, including the cost consequent upon the employment of three counsel, one of whom was a senior counsel.
He stated that an appeal defeated the purpose of the interim order granted on an urgent basis.
“In casu (in this case) the interest of justice does not, in my view, favour appealability. If anything, it is in the interest of justice that leave to appeal be refused. I say so because my order envisages a prompt referral of the disputes between the parties to arbitration, where after time will start running again. Secondly, I granted the order pursuant to an urgent application,” Justice Adams stated.
He added that nothing new had been raised by ZCCM-IH in its application, adding that in his original judgement, he had dealt with most of the issues raised and it was not necessary to repeat those in full.
He stated that he was not persuaded that the issues raised by ZCCM-IH in its application were issues in respect of which another court was likely to reach a different conclusion to those reached by him.
“The appeal does not, in my judgment, have a reasonable prospect of success. Leave to appeal should, therefore, be refused,” ruled judge Adams.
He further removed from the roll, ZCCM-IH’s ‘Conditional Interlocutory Application’ to have declared unconstitutional article 17J (3) of Schedule 1 to the International Arbitration Act, Act 15 of 2017.
About Joseph Mwenda
Joseph is experienced in political news writing, photography and video editing.
Email: joseph [at] diggers [dot] news
- Lungu fires new FIC board chair Siame - 11 Sep 2019
- Findlay drug allegations shake State House as Lungu orders probe - 11 Sep 2019
- Lungu must address debt, loadshedding, mealie meal prices in Parley address – CSPR - 10 Sep 2019
- Don’t ask for credit, find who owns 48 houses, APNAC challenges ACC - 9 Sep 2019
- Van Blerk loses appeal over Baobab land - 2 Sep 2019
- Sit down Mr Findlay (4,194 views)
- Attempts are being made to curtail my liberty to challenge my dismissal - Mutembo (2,867 views)
- IG Kanganja promotes Siame (2,770 views)
- Zesco tariffs to go up by 75%, we also need to revise fuel prices - Minister (2,675 views)
- Zambeef driver commits suicide (1,863 view)
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend