Judge Chali to Preside Over Kangaluwi Court Proceedings

Judge Chali to Preside Over Kangaluwi Court Proceedings

 

Zambezi Resources Ltd  advises that Mr Justice I Chali has been appointed by the Lusaka High Court in to preside over the court proceedings after the previous Judge Mr Justice Kondolo SC recused himself.

The court proceedings relate to an appeal lodged by representatives of various environmental and conservation groups in Zambia groups against the decision of the Minister of Lands, Natural Resources and Environmental Protection to overturn the Zambian Environmental Management Agency’s (“ZEMA”) rejection of the Company’s Environmental Impact Study for its 100% owned Kangaluwi Copper Project in Zambia.

The decision of the Minister effectively allowed the Company to proceed with the development of its 100% owned Kangaluwi Copper Project located in the Lower Zambezi National Park.

On Tuesday, 3 June 2014, a Status Conference was convened by Justice Chali who stated that he had read all documents on file and could see no need for any further information or witnesses. The appeal has now been listed for hearing in the Lusaka High Court on Monday 16 July 2014 following which the Judge will deliver his final ruling.

In the appeal the Zambian Government is the first respondent with Mwembeshi Resources Limited (“MRL”), a wholly owned subsidiary of Zambezi, the second respondent.

Background

On 6 February 2014 at the request of the appellants, the Lusaka High Court granted an order, on an ex parte basis, for a stay of execution of the decision of the Minister to allow Zambezi to develop its Kangaluwi Copper Project.

The stay of execution was granted and remains in place pending the outcome of the appeal against the Minister’s decision. That appeal will now be heard on 16 July 2014.

Following the grant of the stay of execution, and pending the outcome of the appeal on 16 July 2014 Zambezi is temporarily unable to commence operations on site in accordance with its mining licence and act on the approvals it has received from ZEMA to proceed with the development of its Kangaluwi Copper Project.

With the technical and interlocutory arguments of the parties now having been dealt with, the substantial issues submitted by both parties in the appeal will be determined at the hearing on 16 July 2014.

In conjunction with the Zambian Government, Zambezi looks forward to finally arguing its case at the hearing on 16 July 2014 and putting an end to the legal proceedings.

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