LUSAKA Lawyer Makebi Zulu says his client, Milingo Lungu, is still Konkola Copper Mines (KCM) provisional liquidator because he was appointed by the court, hence no person can set aside a court order unless the court itself.
Last week, the Official Receiver for Konkola Copper Mines (KCM), Natasha Kalimukwa suspended Lungu to pave way for an inquiry into the alleged mismanagement of assets and finances.
“The Official Receiver has suspended Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu pending the outcome of an inquiry instituted pursuant to section 69(1) of the Corporate Insolvency Act No. 9 of 2017. Mr. Lungu has been notified of the suspension, which has been made following receipt of a complaint lodged by ZCCM Investment Holdings PLC relating to contract mismanagement, financial mismanagement, and asset mismanagement,” read the statement signed by Kalimukwa, in the capacity of Official Receiver.
But in an interview, Friday, Zulu said anyone who stopped Lungu from working would be in contempt of court.
“He is still the liquidator. Mr Milingo was appointed by the court and no person can set aside a court order or vary the contents of the court order, unless the court itself. So, the administrative general and the official receiver cannot take the place of the court and say ‘you are suspended’. To suspend is to mean that, don’t carry out the functions that have been given to you by the court. Instead, what they ought to do if at all there is any allegation, is to conduct an inquiry, if at all there are any findings, she makes an application to court either to recommend the removal or whatsoever recommendation that they may make. But not by letter can she remove a liquidator because the person who appoints is the person who has the power to remove and in this case, he was not appointed by the administrative general,” said Zulu.
“We are not taking action; we have asserted our client’s rights. If they want to take action, they should go to court themselves. But he continues being the liquidator and he will continue working. And anyone who stops him from working will be in contempt of court.”