By GRACE CHAILE
MOPANI Copper Mines has petitioned the Lusaka High Court to discharge an interim injunction blocking the company from interfering with the Mopani Copper Slag Dump, also known as the Mufulira Black Mountain, on the Copperbelt.
The mining company asserts it is the rightful owner of the slag dump, contradicting claims by the plaintiffs, Digi Wave Branding Limited and others.
Mopani Copper Mines (MCM) claims it has been the legal owner and occupier of the surface rights of the area, including Slag Dump 1, since 2000.
The company argued that it entered into an asset sale agreement with ZCCM Investment Holdings Limited on March 31, 2000, which included the sale of subdivision E1 of farm No. 932 and subdivision K of farm No. 933 situated in Mufulira.
This agreement, according to the company, transferred ownership of the slag dump to Mopani Copper Mines.
The company also claimed that it has been the holder of a large-scale mining license over the area since 2000, which is valid until 2050.
Mopani Copper Mines argues that the plaintiffs’ licenses were erroneously issued and subsequently canceled by the Ministry of Mines.
The company’s senior legal officer, Makosa Zulu, argued that the plaintiffs obtained the interim injunction based on misconceived facts and failed to disclose relevant information.On the other hand, the plaintiffs, Digi Wave Branding Limited and others, are seeking declarations that they are the legitimate holders of exploration and artisanal mining licenses for Slag Dump No. 1, and that these licenses are not within the area covered by Mopani Copper Mines’ large-scale mining license. They claim that they were granted small-scale exploration licenses and artisanal mining rights by the Ministry of Mines, which they argue are valid and subsisting.
The plaintiffs are seeking several declarations and orders from the court, including a declaration that they are the legitimate holders of the licenses, an order for damages suffered due to MCM’s refusal to allow them access to the licensed sites, and an order for interest and costs.
