MUZ calls on govt to award gold mining licenses to locals

Mineworkers Unions of Zambia (MUZ) president Joseph Chewe has urged government to prioritize the awarding of mining licenses on the gold deposits found in North-Western province to Zambians.

In an interview, Chewe said the country had long suffered with foreign investors who continued to externalize huge revenues from their mining operations to other countries.

“This country has learnt lessons. Look at the capital flight that is leaving the country all the proceeds go to (other) countries. I can tell you that, for example, Vedanta (Resources) is a family, even FQM (First Quantum Minerals) the biggest mines in North-Western (Province); they are a family. So, I think the challenge to us Zambians to rise to the occasion and start owning some of these mines either in partnerships or bringing in other partners to develop the gold deposits that have been found in North-Western,” Chewe said.

“Otherwise, we have the potential, though we may not reach there now, but I think the President (Edgar Lungu) must drive that one day, a Zambian should own a mine, which should be run as profitably and efficiently. So, I think the gold deposits in North-Western should be an eye-opener and I think the President should encourage Zambian ownership because there’s no money that is being left in the country. So, it will mean just a name having gold here in Zambia; beneficiaries are outsiders! Look at Switzerland; Switzerland is a country where billionaires are sitting and syphoning money there.”

He said Zambians had a successful trackrecord of managing mining companies, citing the old ZCCM as a success story.

“Yes, we may not have resources as a country, but I think we need to start somewhere. I can tell you that, currently, there are Zambians running KCM; you have seen how production is now going up. Even Mopani, the people that are actually doing the mines are Zambians, so, we have the capacity. What we just need is capital and also sustainability. We have run the mines before; ZCCM was one of the best companies in the world and foreigners destroyed it! So, we still have that capacity. We have the capacity, we have the brains,” argued Chewe.

But in a separate interview, Zambia Chamber of Mines president Goodwell Mateyo stressed that the challenge for locals to own mining companies lay mainly with the need to mobilize large capital investment.

“There is nothing wrong when equating Zambians from applying for mining licenses. But, of course, there is a challenge of mining being largely capital intensive and, therefore, what Zambians would need to be able to make that work is to have access to big fields of capital and finance because it is a highly capital intensive venture and it has very long time to profitability; that is the biggest obstacle into Zambians owning (mines), not to say that we can’t run or we can’t own mines, but Zambians are free to apply for mining licenses and a number of them are holders of mining licenses. But when it comes to developing them and working them, the biggest challenge is access to finance. Because, locally, we don’t have a sort of big pools of capital that will work a large mining enterprise endeavor for a period say, 15 to 20 years, from the time you start exploration to the time you actually start mining unless you can access it from abroad. That is the reason why Foreign Direct Investment (FDI) is still critical in the working of mines in Zambia,” said Mateyo.

Investrust Bank sues LSA, demands K11.6m payment for unpaid mortgage

Investrust Bank Plc has sued Lawrence Sikutwa and Associates Limited and another company in the Lusaka High Court, demanding payment of over K11 million, which was allegedly secured by way of a third-party mortgage.

The bank has cited Lawrence Sikutwa and Associates Limited as a first respondent, Amalgamated Tourism Investment Limited as second respondent and Sikutwa as third respondent, respectively.

In an affidavit in support of originating summons, Investrust Bank credit manager Chisanga Ireen Komeki stated that Lawrence Sikutwa and Associates was a customer of the bank with an account, but disclosed that the company had defaulted in servicing four loans.

She explained that in March, 2013, Lawrence Sikutwa and Associates applied and was availed a refinance and restructured loan facility of K10 million, plus compound interest accrued by way of a third-party mortgage.

“In March, 2013, Lawrence Sikutwa and Associates in its own volition and request, applied for and was availed by the bank, a refinance and restructured loan facility for K10 million, plus compound interest accrued by way of a third-party mortgage dated May 17, 2013, over the remaining extent of S/D of Stand No. 1942, Livingstone, by Amalgamated and a third-party mortgage dated May 17, 2013, over Stand no. 3938, Lusaka by Sikutwa and personal guarantee by the third-respondent,” read the affidavit.

Komeki stated that as further security, Sikutwa executed a director’s personal guarantee as continuing security for the whole K10 million interest, costs and expenses and guarantying the repayment of the said sum to the bank.

She further disclosed that in October, 2013, Lawrence Sikutwa and Associates of its volition and request, also applied for and was availed a short-term loan facility of K2,910,267.53 plus compound interest, secured by further charge dated December 31, 2013, over the Lusaka Stand by Sikutwa.

Komeki stated that in February, 2016, Sikutwa applied and was availed restricted and enhanced loan facility by the bank in the sum of K7,407,497.00 plus compound interest to be secured by, among others, continuing security of the third-party mortgage.

She stated that in February, 2015, Lawrence Sikutwa and Associates procured a finance lease facility in the sum of US $38,277.60 for the purchase of a motor vehicle namely, Ford Ranger 3.2 diesel D/Cab LTD 4×4.

Komeki disclosed that the company had defaulted in servicing the four said loans and had failed or neglected to adhere to the repayment terms despite numerous reminders from the bank, thereby, resulting in the loss and damage to the bank.

She added that it was an express term of the various loan agreements that in the event that Lawrence Sikutwa and Associates failed to repay the monies within the stipulated period, the bank would be at liberty to enforce the securities alluded to.

Komeki explained that Lawrence Sikutwa and Associates was at of May 15, this year, indebted to the bank in the sum of K11,652,847.80.
Investrust Bank is now seeking payment of charge created by Sikutwa in favour of his firm in respect of Stand No.3938, Lusaka and the third-party mortgage over REM/Stand1942/A, Livingstone created by Amalgamated in favour of Lawrence Sikutwa and Associates.

Its also seeking an order that, should Lawrence Sikutwa and Associates neglect or refuse to pay the aforementioned monies, the third-party mortgage and favour charge created by Sikutwa in favour of his firm in respect of the stands in Lusaka and third-party mortgage over the stand in Livingstone created by Amalgamated, be enforced by the order of foreclosure, vacant possession and sale thereof.

Investrust is further seeking an order for the payment of the sum of K11,652,847.80 as of May 15, 2019, plus interest by Sikutwa arising out of personal guarantee dated April 12, 2013, which Sikutwa personally guaranteed to pay.

The matter will be heard on August 27.

Mopani Backfills Sinkhole

Mopani Copper Mines has commenced the process of backfilling the sinkhole near the South Ore Body (SOB) Shaft in Kitwe.

Public Relations Manager Nebert Mulenga said the move is a safety precaution in line with mine safety regulations.

He said backfilling exercise has already started and will go on until the process is completed.

“Mopani Copper Mines Plc is working closely with the Mines Safety Department (MSD), Zambia Police Service and other relevant authorities during this operation,” Mulenga said.

He said the sinkhole is a two-hectare caving area within Mopani Copper Mines Plc’s mining rights area and was a safety hazard to the informal miners invading it.

Last week, the mining giant had illegal miners to contend with immediately an announcement was made that the area would be closed, a move that sparked riots in Kitwe’s Wusakile Township.

Negotiations with potential KCM buyers haven’t yet started – Musukwa

Mines Minister Richard Musukwa says government has not started any negotiations with any potential buyer of Konkola Copper Mine (KCM) Plc’s assets.

Musukwa explained that there had been no steps to invite effective bids of the sale of KCM’s assets as the process would be done after the pending court clearance.

The Minister said this in Parliament, Tuesday, when he responded to a written question from Nchanga PF member of parliament Chali Chilombo, who wanted to know whether government was aware that the residents of Chililabombwe and Chingola were extremely anxious over the liquidation of KCM and if so, how far government had gone with the potential buyers of KCM’s assets.

“Madam Speaker, in recognizing the guidance and sanctity of the Judiciary, who are handling the matters concerning the liquidation process of Konkola Copper Mine, government has not started any negotiations with any potential buyer of KCM assets. However, KCM has been visited by several sections of international and local entities expressing interest following the announcement of the divorce process by Konkola Copper Mine and ZCCM-IH. There has been no steps to invite effective bids of the sale of the assets. This process will be done and has been reserved awaiting clearance from the courts of law, which we respect. The House may wish to know that the liquidation process is basically the first process before resolving the issues surrounding KCM. We have taken advice to ensure that the sale is done within the confines of the law and pursuant to a court order,” Musukwa said.

He insisted that there was no sale that would take place at KCM, which would undermine the integrity of the court process.

“In that regard, no sale will be undertaken that undermines the integrity of the court process, and as government, we understand that the due process of the law has to be followed and respected and we are committed to that effect. Madam Speaker, to this effect, I wish to state that the High Court proceedings, which are currently going on, are matters that the Government of the Republic of Zambia continues to respect because we are a government of laws,” Musukwa said.

And Musukwa said the decision to offload KCM was made on account of the deteriorating social and economic situation caused by Vedanta Resources’ mismanagement.

“Government is fully aware of the anxieties of residents of Chililabombwe and Chingola over the future of KCM. The House may wish to know that residents of Chingola and Chililabombwe started raising concerns over the future of KCM way before the commencement of the liquidation process. The action Zambia Consolidated Investment ZCCM-IH took was on account of deteriorating social and economic situation caused by mismanagement of KCM by Vedanta. If left unchecked, it would have spelt catastrophe for the residents of Chililabombwe and Chingola and the entire Copperbelt,” said Musukwa.

“Government also has a duty to safeguard its citizens and the actions were taken in that context. The ultimate aim of ZCCM-IH instituting the liquidation process was to secure an investor who would develop the mine to its full potential guaranteeing the much-needed jobs and business opportunities on the Copperbelt in particular, Chingola, Chililabombwe and other peripheral areas.”

ZCCM -IH: Konkola Copper Mines Plc Further Cautionary Announcement

Shareholders of ZCCM Investments Holdings Plc (“ZCCM-IH” or “the Company”) are referred to the announcement dated Wednesday 23rd May 2019, in which they were advised that ZCCM-IH filed a petition in the High Court of Zambia for the winding up of Konkola Copper Mines Plc on 21st May 2019. ZCCM-IH filed the said petition pursuant to section 56 (1) (c) of the Corporate Insolvency Act No. 9 of 2017. By Order of the Court, Mr. Milingo Lungu of Lungu Simwanza & Company was appointed as provisional liquidator.

On 3 July 2019, Vedanta Resources Limited (“Vedanta”) obtained an Order of Court to commence legal proceedings against ZCCM-IH in the High Court of South Africa. By Notice of Motion dated 3 July 2019, Vedanta seeks to stay the liquidation proceedings in Zambia and to have the powers of the liquidator discharged.

ZCCM-IH will provide details of these proceedings in due course.

In the meantime, Shareholders of ZCCM-IH are advised to exercise caution when dealing in securities of the Company until further information is published.

By Order of the Board
Chabby Chabala

Company Secretary

Issued in Lusaka, Zambia on 15th July 2019

ZCCM -IH | Konkola Copper Mines Plc Further Cautionary Announcement

Shareholders of ZCCM Investments Holdings Plc (“ZCCM-IH” or “the Company”) are referred to the announcement dated Wednesday 23rd May 2019, in which they were advised that ZCCM-IH filed a petition in the High Court of Zambia for the winding up of Konkola Copper Mines Plc on 21st May 2019. ZCCM-IH filed the said petition pursuant to section 56 (1) (c) of the Corporate Insolvency Act No. 9 of 2017. By Order of the Court, Mr. Milingo Lungu of Lungu Simwanza & Company was appointed as provisional liquidator.

On 3 July 2019, Vedanta Resources Limited (“Vedanta”) obtained an Order of Court to commence legal proceedings against ZCCM-IH in the High Court of South Africa. By Notice of Motion dated 3 July 2019, Vedanta seeks to stay the liquidation proceedings in Zambia and to have the powers of the liquidator discharged.

ZCCM-IH will provide details of these proceedings in due course.

In the meantime, Shareholders of ZCCM-IH are advised to exercise caution when dealing in securities of the Company until further information is published.

By Order of the Board
Chabby Chabala

Company Secretary

Issued in Lusaka, Zambia on 15th July 2019

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First Issued on 23 May 2019

ZCCM-IH Hands Over Water Borehole to Atlas and Surrounding Villages in Nyimba District

As part of its ongoing ‘Clean Water for Zambia’ Corporate Social Investment (CSI) campaign, ZCCM-IH handed over a water borehole to Atlas Village, in Eastern Province, in Chief Ndake’s area. To date, ZCCM-IH has spent over one million Kwacha on this water initiative, with over 10 water boreholes having been sunk in Sinda, Petauke, Nyimba, Chongwe, Chilanga, Dundumwezi, Mungwi, Lufwanyama, Masaiti, and Ndola over the last 3 years. In the spirit of inclusion, ZCCM-IH Corporate Social Investment (CSI) initiatives go beyond the Corporate Social Responsibility (CSR) norm, by offering support beyond the borders of areas it has assets or interests.

As such, Senior Chief Ndake of the Nsenga people in Nyimba who graced the occasion thanked ZCCM-IH for their efforts, especially considering ZCCM-IH had no investments in the area, and urged the company to continue rendering support to his Chiefdom, and consider investment opportunities in the area.

Zambia to pass new law handing greater procurement to local companies

THE Zambian government’s interventionist approach to its mining sector was on display after the country’s mines minister, Richard Musukwa, was quoted by Reuters as having said a law would be passed to improve local procurement.

Musukwa said during a meeting with suppliers, labour unions and other officials on the proposed law that the mining sector imported goods and services worth over $4bn annually but only 10% went to local suppliers.

“This is a mismatch and must not be entertained,” Musukwa was quoted as saying. “Mining investors have been a darling of foreign contractors,” he said, without specifying how much the government wanted miners to procure locally.

Zambia’s comparative advantage is in mining, and the government needs to ensure that the mining industry drives growth in other sectors of the economy, Musukwa added.

Zambia is Africa’s second-largest copper producer, with copper mining accounting for around 70% of foreign currency earnings, said Reuters.

The country is currently embroiled in a legal dispute with Vedanta Resources over ownership of Konkola Copper Mines in which ZCCM-IH, a state-owned company, has a 20.6% stake. It has gone to the courts to wind up the company which it intends to sell to another company.

Whilst Zambia has said its dispute with Vedanta is an isolated incident, it has increasingly voiced its displeasure with the mining sector.

On May 24, Zambia said it may conduct audits at all its mines in order to check for some of the breaches imputed to KCM. Two weeks later, the country’s president, Edgar Lungu, said Zambia would break ties with mining companies that failed to meet its laws.

ZCCM-IH | Notice of Incorporation of Kabundi Mining Resources Limited

At its Special Board Meeting held on 29 March 2019, the ZCCM Investments Holdings Plc (‘ZCCM-IH’) Board approved the incorporation of a mining operating Company. In line with one of its strategic objectives in mining value creation, ZCCM Investments Holdings Plc (‘ZCCM-IH’) wishes to announce the incorporation of Kabundi Resources Limited (‘KRL’) a wholly owned subsidiary. KRL is located in Chief Muchinda’s area in Serenje District, Central Province. KRL is a mine operating company whose main activities include mining, processing and marketing of manganese and other non-ferrous metals. KRL was registered on 8 May 2019.

The ZCCM-IH Board is confident that KRL will add value to the Company’s current mining portfolio and provide an opportunity for ZCCM-IH to expand its activities in the mining sector.

By Order of the Board
C Chabala
Company Secretary

Issued in Lusaka, Zambia on 28 June 2019

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First Issued on 28 June 2019