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Zambia’s ZCCM-IH to appeal against High Court judgment

Zambia’s ZCCM Investments Holdings (ZCCM-IH) Plc, has said it intends to appeal against the ruling of the Lusaka High Court delivered on March 23, 2020 regarding a matter the state-owened company commenced in 2016, against First Quantum Minerals Limited, FQM Finance Limited, Philip Pascall, Arthur Mathias Pascall, Clive Newall, Martin Rowley, and Kansanshi Mining Plc.

In a media statement, ZCCM-IH alleges that the defendants’ conduct on several occasions fraudulently engaged in transactions totaling in excess of $2bn for the benefit of the FQM Group, is detrimental to ZCCM-IH’s interests and those of the nation, and remained committed to protecting the said interests, adding that it will be appealing against the ruling.

In 2016, state-owned ZCCM-IH started the process of claiming up to $1.4bn from First Quantum Minerals Ltd after it accused the Canadian-based metals and mining company of engaging in fraud. The claim included $228m in interest on $2.3bn of loans that ZCCM-IH said First Quantum wrongly borrowed from the Kansanshi Copper Mine, as well as 20% of the principal amount or $570m, according to an internal company presentation, dated November 4, 2016.

ZCCM-IH is also seeking $26m as part of a tax liability the Zambia Revenue Authority (ZRA) said Kansanshi owed it and the cost of the mine borrowing money commercially that ZCCM-IH said could have been avoided.

In papers filed in the Lusaka High Court on October 28, 2016, ZCCM-IH said First Quantum used the money as cheap financing for its other operations.

ZCCM-IH is listed on three stock exchanges namely Lusaka Securities Exchange (primary listing), London Stock Exchange and the Euronext Access (Paris – Marche Libre secondary listings).

The Zambian government holds directly 17.25% shares and its 60.28% shares is held through the Industrial development Corporation (IDC) of Zambia, with the remaining 22.47% held by institutional and private individual shareholders.

ZCCM-IH currently has an investment portfolio of 22 companies, including Kansanshi Mining Plc (20%), Mopani Copper Mines Plc (10%) and Konkola Copper Mines Plc (20.6%). Its shareholdings in these companies range from 10% to 100%, with commodities and services that are diversified in nature, including copper, gold, cobalt, coal and power, limestone, mining consultancy, financial services and gemstones.

Source: Business Tech Africa
Investee Companies, Investee Company News

Maamba Collieries Intensifies COVID – 19 Safety Measures

Maamba Collieries Ltd (MCL), the largest thermal power producer in Zambia has scaled-up efforts to stop the spread of COVID-19, by implementing stringent preventive safety measures.

Maamba Collieries Manager Yotham Phiri said MCL is treating the global pandemic with utmost seriousness, and taking all measures to ensure the health and safety of its staff, while also sensitising the community.

“We are alive to the gravity of the situation and are taking every possible precaution to prevent the COVID-19 infecting our people. Measures we have implemented include daily fumigation of all MCL buildings, equipment and vehicles to minimise contamination, as well as stopping all visitors. Our safety team is working hard to ensure every entry point to the mine and all buildings have sanitising equipment for our staff to use.” He said

And HR and Administration Manager Bwali Ndau highlighted measures to minimise person-to-person contact and ensuring social distancing and personal hygiene have been put in place.

In a statement made available to the Zamvian Business Times – ZBT on April 7, 2020 MCL has advised all employees who had travelled abroad on vacation, not to return to Zambia or if they return, to adhere to strict health guidelines and has stopped non-essential travel within the country, until the situation returns to normal.

MCL interventions against COVID-19 have also extended to the sensitisation of the local community, special sessions for school children on hygiene, helping the community with materials to ensure hygiene, as well as donating a critical care ventilator for treatment of infected personnel.

Meanwhile, in support of the request of the Sinazongwe Council, MCL has donated the much-need materials for the COVID-19 Isolation Site – including N95 masks, disposable overalls, gumboots, gloves as well as hand-washing facilities and personal hygiene items including liquid hand wash soap, detergent and much-needed fuel for vehicles.

Maamba Collieries is a key player in Zambia’s energy sector feeding 300MW into the national grid. Since the start of COVID-19 pandemic, MCL has ensured it remains at the forefront in the fight against the deadly virus in the country, through a strong demonstration of commitment to stringent safet

Source: Zambian Busines Times
Investee Companies, Investee Company News

Maamba collieries – empowering community and workforce safety

Maamba Collieries Ltd (MCL) has scaled-up efforts to stop the spread of COVID-19, implementing stringent preventive safety measures.

SHEQ Manager Yotham Phiri said MCL is treating the global pandemic with utmost seriousness, and taking all measures to ensure the health and safety of its staff, while also sensitising the community.

He said “We are alive to the gravity of the situation and are taking every possible precaution to prevent the COVID-19 infecting our people. Measures we have implemented include daily fumigation of all MCL buildings, equipment and vehicles to minimise contamination, as well as stopping all visitors. Our safety team is working hard to ensure every entry point to the mine and all buildings have sanitising equipment for our staff to use.”

HR and Administration Manager Bwali Ndau highlighted that measures to minimise person-to-person contact, ensuring social distancing and personal hygiene have been put in place. Also, special COVID-19 advisory posters have been posted at multiple locations to remind everyone of necessary precautions. As an added precaution, MCL has advised all employees who had travelled abroad on vacation, not to return to Zambia and has stopped non-essential travel within the country, until the situation returns to normal.

MCL interventions against COVID-19 have also extended to the sensitisation of the local community, special sessions for school children on hygiene, helping the community with materials to ensure hygiene, as well as donating a critical care ventilator for treatment of infected personnel.

Meanwhile, in support of the request of the Sinazongwe Council, MCL is donating much-need materials for the COVID-19 Isolation Site – including N95 masks, disposable overalls, gumboots, gloves as well as hand-washing facilities and personal hygiene items including liquid hand wash soap, detergent and much-needed fuel for vehicles.

Maamba Collieries is a key player in Zambia’s energy sector feeding 300MW into the national grid. Since the start of COVID-19 pandemic, MCL has ensured it remains at the forefront in the fight against the deadly virus in the country, through a strong demonstration of commitment to stringent safety measures and community awareness.

Source: Mining News
All Posts, Industry News, ZCCM-IH, ZCCM-IH News

It’s final: only ZCCM-IH will manage Kansenseli

By SILUMESI MALUMO
WE shall not issue multiple mining rights for Kasenseli gold area in Mwinilunga district as the area will only managed by the ZCCM-IH, Mines Minister Richard Musukwa has said.
Mr Musukwa said that gold had been identified as a strategic reserve and it should be mined in a well-structured and transparent way.
He said in an interview yesterday that Government would not risk by issuing a number of licences because the country would not benefit from the mineral.
Last week, over 100 youths of Kasenseli area in Chief Chibwika’s area petitioned Government to consider empowering them with mining rights at the newly discovered gold mine.
The youths, who gathered at the District Commissioner’s office, requested Government to allow them undertake mining activities in one of the three pits known as veins at the site.
And in receiving the petition, Mwinilunga District Commissioner (DC) Arnot Mapulanga praised youths for expressing their discontent over the gold mining activities at Kasenseli.
Mr Mapulanga said government was cognisant of the fact that any mining firm engaged at Kasenseli must first empower the local citizens, especially youths.
But the Minister said Government would not issue mining rights to any individual while youths would only benefit through the third party arrangement.
“Gold is a strategic mineral which must benefit the entire country and not just a few individuals. So the youths will benefit through an organised structure, once the anchor company ZCCM-IH has now taken over.
“This is a Cabinet decision and it must be respected,” Mr Musukwa said.
He said countries like Botswana had deployed armed soldiers to guard the areas so that the resource was exploited for the good of everyone.
And ZCCM-IH has in-cooperated ZCCM Gold to manage gold mining at Kasenseli area.
ZCCM-IH chief executive officer, Mabvuto Chipata said his management team was in the province on an ambitious program to assess the situation on the ground at Kasenseli gold mine.
Mr Chipata explained that the tour was aimed at ensuring that the resource was harnessed so that exploration works could begin and quickly move into mining.
He said this when he paid a courtesy call on Provincial Minister, Nathaniel Mubukwanu in Solwezi yesterday.

Source: Daily Nation
Investee Companies, Investee Company News

KCM Liquidator stays as Vedanta’s petition to have him removed is rejected

The tribunal appointed in the arbitration proceedings in the matter of Vedanta versus ZCCH-IH which were commenced by the former, has rejected the application for the withdrawal of the matter as well as the removal of the liquidator, according to a statement from ZCCM-IH.

“Shareholders of ZCCM Investments Holdings Plc (“ZCCM-IH”) are referred to the announcements dated 23 May 2019, concerning the filing by ZCCM-IH of a petition in the High Court of Zambia for the winding up of Konkola Copper Mines PLC (“KCM”) on 21 May 2019 (the “Petition”), the appointment by the Court of Mr. Milingo Lungu as provisional liquidator of KCM (the “Provisional Liquidator”) and the legal proceedings commenced in the High Court of South Africa and applications made to the Zambian High Court by Vedanta Resources Limited and Vedanta Resources Holdings Limited (together “Vedanta”)”, read a statement authorized by order of the Board issued by Company Secretary Chabby Chabala on 1st April 2020. “In compliance with the requirements of the Securities Act No. 41 of 2016, shareholders are informed that on 23 March 2020, the tribunal appointed in arbitration proceedings commenced by Vedanta against ZCCM-IH dismissed an application by Vedanta for an interim measure requiring ZCCM-IH to withdraw the Petition and procure the removal of the Provisional Liquidator from office”.

ZCCM-IH has indicated it will provide details of these proceedings in due course. KCM is currently under provisional liquidation, a process that was initiated by ZCCM-IH, a minority shareholder, which presented a petition for compulsory liquidation in the High Court on 21st May, 2019.

A comprehensive Ministerial statement on the petition was provided by Minister of Mines and Minerals Development, Richard Musukwa to Zambia’s parliament following the appointment of the liquidator.

“The petition included an application for the appointment of a provisional liquidator”, read the Minister’s statement. “The appointment of a provisional liquidator was necessitated by the need to protect assets in the interim period between the presentation of the petition and the determination of the matter”.

Prior to the petition application, the Minister stated that there was a technical audit that was conducted on the mine by a multifaceted team of professionals. “The audit was conducted by a technical audit committee appointed by the Government comprising experts in mineral resources management, mineral processing, governance, labour issues, mining engineers and business administrators including lawyers from various institutions such as the Government, academia, the legal profession, industry and various universities in our country”.

The technical team revealed the following areas of concern regarding the financial and operational health of Zambia’s wettest mine:

  • High Indebtedness and Threat of Insolvency
  • Non-Compliance to the Commitment to Bring In Foreign Direct Investment (FDI)
  • Lack of Investment to Develop New Ore Sources
  • Failure to Adopt Cost-Effective Means of Production
  • Lack of a Strategic Plan to Improve Operations at KCM

As the matter continues to play out, the Mines Minister’s message remains consistent. In February 2020, at the annual Cape Town Mining Indaba, he reiterated some of the challenges the country had faced with investor. “Zambia is a victim and it needs support. Vedanta Resources pledged to put in $300 million (R4.44 billion) they further pledged $500m and another $250m they did not bring that money”, read an extract from his response regarding the KCM debacle.

Source: Financial Insight Zambia
Investee Companies, Investee Company News

Govt grounds Luanshya Copper Mines

By BENNIE MUNDANDO
MY ministry has suspended all mining operations by Luanshya Copper Mines including ground clearing in the Roan Basin until the mine meets all the conditions of approval of the project, Mines Minister Richard Musukwa has said.
Mr. Musukwa told the Sunday Nation that the Roan Basin Pit is part of the five open pits comprising ore sources for the Muliashi Copper Project of LCM.
He said the other four open pits were Muliashi North Pit, Muliashi South Pit, Baluba East Pit, and Baluba Central Pit.
He said the Roan Basin Pit Site is overlain with critical surface infrastructure that includes the Cricket Club, the Tennis Club and lies in close proximity to the main General Offices, soccer field and residential houses.
He said the Zambia Environmental Management Agency (ZEMA), with input from Mines Safety Department, approved the Muliashi Copper Project by CLM through a letter dated November 10, 2010.
He said the project was approved subject to, amongst other conditions, that “CNMC Luanshya Copper Mines Plc shall not implement mining of the Roan Basin which was close to the general offices for the company and the residential areas within the Town Centre without submitting a specific plan that shall be approved by relevant authorities.”
“With total disregard of the condition in the Decision Letter, management commenced clearing the site for the Roan Basin Open Pit and in the process disturbed some surface infrastructure such as the Cricket Club and the Basketball Court. Management’s explanation for this action was that they first wanted to clear the surface area and not to commence mining operations.
“They further claimed that they wanted to ward off the illegal miners by maintaining their presence on the ground. The truth of the matter is that clearing of the ground is commencement of project implementation. The company is in clear breach of the condition of approval of the project by the Zambia Environmental Management Agency,” Mr. Musukwa said.
He said for this reason, the ministry had suspended all mining operations, including ground clearing in the Roan Basin, until the mine meets all the conditions of approval of the project.
“Further, appropriate sanctions (penalties) will be applied on the mine as provided for under the Mines and Minerals Development Act in addition to sanctions to be applied by the Zambia Environmental Management Agency,” Mr Musukwa said.

Source: Daily Nation
Investee Companies, Investee Company News

Kansanshi Mine donates 61,650 books to be distributed to school children in Solwezi

FQM’s Kansanshi Mine today unveiled 61,650 books made up of textbooks and leisure reading books to be distributed to school children in Solwezi. North Western Provincial minister Hon. Mubukwanu commended the mine for uplifting education standards in Solwezi and said the books would keep our children busy while their schools remain closed due to the COVID-19 pandemic. #FQMinvestsineducation.
Investee Companies, Investee Company News

MINING OPERATIONS SUSPENDED

By Robert Mwanza:

Government has suspended mining activities at the Roan Basin CNMC-Luanshya copper Mines PLC.

Mines Minister Richard Musukwa says this is because the firm has not met all the conditions of approval of the project.

Mr. Musukwa says it is sad that the firm had started to carry out some activities even before the project is fully approved.

To this effect, Mr. Musukwa says appropriate sanctions will be mated out on the mining company by Government.

In a statement to ZNBC News today, The Minister said with total disregard of the conditions, management started clearing the site for the roan basin open pit and in the process disturbed some surface infrastructure such as the cricket club and the basketball court.

However, management’s explanation for the action is that the firm wanted to clear the surface area and not to start mining operations.

According to the production projections submitted to the Ministry of Mines and Mineral Development, Mining of the Roan Basin is scheduled to start towards the end of the Muliashi Project in 2025.

Source: ZNBC
Investee Companies, Investee Company News

Mopani Copper Mines to review spending in the midst of the coronavirus threat

Mopani Copper Mines, a Zambia subsidiary of Glencore is set to do a comprehensive review which aims to minimise cash outflow to guard against uncertainty caused by the threat of coronavirus

“The rapid decline in the price of copper due to the impact of COVID-19 has now placed significant additional pressure on Mopani’s operations,” the company said in a statement.

Copper prices are set for their worst week since 2011 after sliding 10% so far.

The metal, often referred to as “Dr Copper” because it acts as a bellwether for the global economy, has been hit hard by the global slowdown caused by coronavirus.

Mopani said the review would give it the necessary financial flexibility to navigate the downturn.

The miner also said it had plans in place to reduce the risk of disruption to its operations from coronavirus. Several mines in Peru and one in Canada have shut due to the pandemic.

Mopani Copper Mines, which produced 119,000 tonnes of copper in 2018, is 73.1% owned by Glencore, 16.9% by First Quantum Minerals and 10% by Zambia’s mining investment arm ZCCM-IH.

Source: Zambia Mining Magazine
Investee Companies, Investee Company News

CEC | Post-BSA Market Announcement

In accordance with Section 81(1) of the Securities Act No. 41 of 2016, the Board of Directors of Copperbelt Energy Corporation Plc (“CEC” or “the Company”) advises the Company’s shareholders, and the market, that further to the Market Announcement issued by the Company on 2nd January 2020, the power purchase agreement or Bulk Supply Agreement (“BSA”) between CEC and ZESCO Limited (“ZESCO”), entered into on 21 November 1997 came to an end on Tuesday, 31st March 2020.

In the last circa seven weeks, CEC and a Government of the Republic of Zambia (“GRZ”) team which included ZESCO have been engaged in negotiations for a new power supply agreement. While the initial understanding was that the parties would work to put in place an interim agreement, it became clear during the negotiations that the intention was to agree a wholesomely new agreement with totally different terms. CEC believes that throughout the negotiation, it held its end of approaching the negotiations in good faith. At end of day on 31st March 2020, the parties had not reached agreement on account of certain terms seen as key requirements from either side and which so far are not acceptable to either party. On its part, CEC has faced some terms being demanded by the GRZ team which, if accepted, would be injurious to the CEC business and impact its ability to continue operating as a going concern.

In CEC’s view, achieving a mutually acceptable power supply agreement between the parties remains of strategic importance to the electricity sector and the country. Therefore, CEC remains confident that the parties will use the next several weeks to narrow the negotiation gap so as to achieve the much required new power supply agreement between them.

CEC wishes to assure its shareholders and all stakeholders that it will do its best to ensure that any agreement it enters into will be negotiated in good faith and reflect a fair outcome so as to ensure the business continues to operate as a going concern thereafter.

It is CEC’s understanding that in the meantime, both CEC and ZESCO remain committed to continue meeting their full obligations to their customers without service being affected in any way. On its part, CEC reiterates its total commitment to continue providing seamless power supply services to all its customers (mining and non-mining consumers) on the Copperbelt while the parties continue to seek resolution of the outstanding matters and follow through with conclusion of the negotiation for a new power supply agreement.

By Order of the Board

Julia C Z Chaila
Company Secretary

Issued in Lusaka, Zambia on Wednesday, 1st April 2020