By GRACE CHAILE LESOETSA
KALENGWA Processing Zone Limited has taken Government to Court over the cancelation of its large scale exploration licence, describing it as unlawful.
The mining company has sought leave of the Lusaka High Court to apply for judicial review contesting the termination of its licence number 244401- HQ-LEL..
Kalengwa wants an order of prohibition preventing Mining Licensing Committee of the Ministry of Mines and Minerals Development from issuing a licence to any third party in respect of the area subject of exploration licence no. 244401.
It also wants an order of mandamus to compel the committee to reinstate its licence.
Kalengwa want the court to declare and order that the decision of the committee to terminate its licence and reinstating Euro Africa Kalengwa Mine Limited ‘s licence number 8564-HQ-LELwas unlawful for patent unreasonableness being illegal and ultra vires the enabling statutory provisions and procedural impropriety.
It wants the court to declare that the Committee’s refusal to charge it for any breach of the Act or others and affording it to issue a representation thereof, was unreasonable and breach of the Act.
It wants a declaration that the said verdict of July 26, 2021, was unreasonable for not providing an appeal process as there was no substantive holder of the office of Minister in the ministry of mines and minerals development and being effected in the absence of any breach of the Act or conditions of the licence by the applicant.
If granted the application, it should act as a stay of the said decision pending hearing and determination of an appeal against Government.
It has cited the Attorney General as respondent in the matter.
Kalengwa stated that it was the legal holder of a large scale exploration licence No 24402 –HQ-LEL over an areas designated as Kalengwa Mine in the North Western Province.
It added that the Licence covers an area approximately at 13 square meters issued to it on April 2, 2019 and valid for four years.
It claims that it has suffered injustice, loss and damages as a result of the termination.
