By GRACE CHAILE
THE Lusaka High Court has ordered the director of Mining Cadastre in the Ministry of Mines and Minerals Development, to immediately vacate the restriction imposed on large scale exploration licence no. 27282- HQ- LEL, owned by Bayan Construction Limited, for the mining of Sugilite and other minerals in Luapula Province.
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This is according to a consent ordered dated September 28, 2023, sealed by Judge Charles Zulu.
Bayan Construction Limited sought leave of the Lusaka High Court to commence judicial review proceedings against the Ministry of Mines and Mineral Development’s decision to restrict its Mining Licence 27272-HQ-LEL.
“Upon hearing counsel for the applicant and the respondent and by consent of the parties herein. It is hereby agreed and ordered as follows:
That the director of Mining Cadastre shall forthwith vacate and remove the restriction imposer on the Mining right described as Large Scale Exploration Licence no. 27282- HQ- LEL. That the parties shall register this order within 21 days from the date hereof.
This consent shall make the full and final settlement of all the claims herein and that each party shall bear its own cost,” read the consent order.
The company’s operations director, Mr. Robert Mulibwa, in an affidavit in support of an application for leave to apply for judicial review stated that attempts to engage the Ministry of Mines and Minerals Development over the issue had been in vain.
Mr. Mulibwa said the application was for failure or unreasonable delay in making a ruling following the appeal against the decision of director of mining Cadastre restricting its mining right despite issuing a ministerial statement of March 3, 2023 on the same matter before the National Assembly of Zambia.
Mr. Mulibwa states that Bayan Construction Company was granted a large-scale exploration licence no. 27272-HQ-LEL on October 30, 2020 subject to the terms and conditions the mines and minerals development act no 11 of 2015.
He, however, stated that an unauthorized person entered into the mining right area in Chembe district, Luapula Province while exhibiting a letter purportedly to have been authored by the Permanent Secretary of the Ministry of Mines, giving them permission to conduct a due diligence exercise.
Mr. Mulibwa said the letter was cancelled by the Minister of Mines.
“That coincidentally and immediately after the failed unauthorized due diligence exercise collapsed, the mining right was suddenly restricted on Zambia mining cadastre portal without affording any chance to be heard for such a decision and a letter was written to the director of mining cadastre with subject matter being licence 27282-HQ-LPL restrict – Petroleum licences 52 dated November 3, 2022,” he stated. The applicant was however shocked that despite the Zambia Police officers guarding the area, unknown persons illegally gained entry of the area.
“That without the knowledge of the applicant, unknown person’s illegally entered into the mining area despite the presence of the Zambia Police officers and illegally mined minerals ores from the mining area known as Sugilite which occurs together with manganese ore and subsequently a truck loaded with the said materials was intercepted in the central province,prompting the minister to make a ministerial statement on the floor of the National Assembly of Zambia where inter alia proclaimed that the applicant is the legal owner of the licence and was not in any way doing acts beyond the limits of the mining right,” he submitted.
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