Patriotic Front faction leader and Matero Member of Parliament Miles Sampa has filed an application in the Constitutional Court seeking to subpoena Mines and Minerals Development Minister Paul Kabuswe, Ministry of Mines Permanent Secretary Hapenga Kabeta, and ZCCM Investments Holdings (ZCCM-IH) Chief Executive Officer, Ndoba Vibetti.
Sampa is challenging the transaction involving Mopani Copper Mines and Delta Mining Limited, a subsidiary of International Resources Holding (IRH), arguing that the deal requires parliamentary approval under Article 210 of the Constitution.
In his application, Sampa has requested the court to compel the subpoenaed officials to provide detailed records related to the Mopani transaction.
The requested documents include Agreements, Memorandum of Understanding, and correspondence between ZCCM-IH and Delta Mining Limited.
It also includes Government reports and feasibility studies on the deal’s impact, minutes of meetings and communication between the ministries of Mines, Finance, and ZCCM-IH regarding the transaction.
“Share Sale Agreement, Subscription Agreement, and related transaction documents, financial statements, valuation reports, and due diligence findings. Evidence of share transfers or ownership changes at the Patents and Companies Registration Agency (PACRA), Regulatory communications with the Securities and Exchange Commission and the Bank of Zambia.”
Sampa argues that the information is essential for a fair and just determination of the matter, insisting that the transaction lacked transparency.
The Government through Attorney General Mulilo Kabesha has defended the legality of the transaction, stating that the transfer of 51 percent of Mopani shares to Delta Mining Limited did not breach constitutional requirements.
Kabesha contended that the deal did not constitute a sale of a major state asset, as it involved a share dilution rather than a direct sale.
He argued that ZCCM-IH, which initiallly held 100 percent of Mopani, issued additional shares that resulted in its ownership reducing to 49 percent.
“The government did not directly own equity in Mopani, and as such, the transaction does not fall under Article 210, which requires parliamentary approval for the sale of major state assets,” Kabesha submitted to the court.
