Patriotic Front (PF) faction president Miles Sampa has insisted in his Constitutional Court submission that the assets held by ZCCM-IH in Mopani Copper Mines are state assets.
He argues that their disposal or transfer requires strict adherence to parliamentary approval as mandated by Article 210 of the Constitution.
Sampa, also a Matero Member of Parliament, contends that the transaction between ZCCM-IH and International Resource Holdings (IRH) was not a mere subscription of shares but a sale and transfer which necessitated parliamentary oversight.
He dismissed Attorney General Mulilo Kabesha’s assertion that the transaction did not contravene constitutional provisions as “patently incorrect.”
In his submission, Sampa claims that the transfer of shares from ZCCM-IH to IRH, executed through ZCCM-IH’s subsidiary Delta Mining Limited, violated the safeguards outlined in Article 210 of the constitution.
He argues that parliamentary approval is a mandatory requirement for the disposal of state assets and the absence of such approval renders the transaction constitutionally flawed.
Sampa alleges that the Attorney General’s reliance on a ministerial statement to justify the transaction underscores procedural irregularities and attempts to circumvent constitutional obligations.
He describes the Attorney General’s position in the answer to his petition as legally unsound and lacking evidentiary support.
Sampa argues that the transaction’s classification as a “subscription of shares” is a deliberate mischaracterization aimed at avoiding constitutional scrutiny.
He claims that this misrepresentation poses a danger to society and undermines the integrity of the constitution.
Sampa has urged the Constitutional Court to nullify the transaction, asserting that it was procedurally irregular, unconstitutional and lacked the necessary parliamentary approval.