The Chinese company, China Jiangsu International that almost shot a Daily Nation investigative journalist has been ordered to halt its illegal quarrying and mining on the Vikram Investment Limited prospective mining license area by the Lusaka High Court.
The Lusaka High Court has thrown out an application by China Jiangsu to quash an injunction restraining the company together with Busoli Development Company Limited from continuing their quarrying and mining activities on Vikram Investment Limited land.
According to a ruling delivered by High Court Judge Flavia Chishimba on April 9th, 2014, China Jiangsu International along with George Mwamba, Skyline Quarry Limited, Economic Technical Co Zambia Limited and Busoli Development Company Limited have been ordered to cease their illegal quarrying and mining activities on Vikram Investment Limited.
The Ministry of Mines, Energy and Water Development awarded Vikram Investment Limited a prospecting mining license number 16703-HQ-LPL for quarrying and mining activities in Shantumbu area in Chongwe but before the company could commence its activities, China Jiangsu International moved in the area and immediately started quarrying and mining.
In her ruling, Justice Chishimba stated that Vikram had a clear right to the relief to the land under dispute and that the Chinese company had failed to establish sufficient cause to warrant the court to discharge the injunction.
“For the foregoing reasons, the respondents (China Jiangsu International) application to discharge the order of injunction is hereby dismissed. The ex-parte order of injunction granted earlier is hereby confirmed pending determination of the case,” Justice Chishimba said.
In her earlier injunction, Justice Chishimba ordered that the Chinese company along with other companies should be restrained from entering Vikram Investment Limited prospecting licence area or interfering with the owner of in possession of the prospecting licence area or carrying any works until further order of the court.
But the Chinese company China Jangsu International that threatened to shoot is determined to have the prospecting license duly awarded to Vikram Investment Limited revoked. Vikram Investment Limited may loose its mining prospecting license on Friday should the Ministry of Mines succumb to pressure and effect the cancellation of a duly awarded mining licence before the mater could be disposed of by the courts of law. But Minister of Mines, Energy and Water Development Christopher Yaluma when contacted denied assertions that the ministry was about to revoke the mining licence for Vikram Investment.
Mr Yaluma said as far as he was concerned Vikram remained the duly owner of the land where the China Jangsu International was currently conducting its illegal quarrying and mining activities.
Mr Yaluma said the Ministry of Mines would be committing contempt to disregard the court order restraining the Chinese company from continuing with its illegal mining activities.
He said the decision by the court to sustain the injunction against the Chinese company must be respected by all parties adding the Ministry of Mines had no power to disregard matters that were in court.
Mr Yaluma said the matter was between Vikram Investment and China Jangsu International and that the two companies would have to resolve the matter through the court.
He said the rightful owner of the land in question was Vikram Investment because he had been duly awarded a mining prospecting licence by the Ministry of Mines and that the Zambia Environmental Management Agency (ZEMA) had approved his environmental report.
“As far as I am concerned, the owner of that particular land is the one with a mining licence. And the ministry has no power to revoke the licence of Vikram even before the matter has been disposed of by the courts. You are telling me that there is a ruling and that the injunction against the Chinese company has been sustained, then we can not do anything.
Am just coming from South Africa and I do not know what the ruling is,” Mr Yaluma said. Mr Yaluma also denied reports that he met with six headmen from Chongwe to discuss the possibility of revoking Vikram Investment Limited saying at no time did he pledge that the licence would be cancelled.