Mines and Minerals Development Minister Paul Kabuswe has opposed testifying in a case where Patriotic Front (PF) faction leader and Matero Member of Parliament Miles Sampa is challenging the sale of a 51 percent stake in Mopani Copper Mines to Delta Mining Limited.
In response to Sampa’s application for leave to issue subpoena duces tecum and ad testificandum to witnesses before the Constitutional Court, Kabuswe argued that the petitioner must independently prove his case without assistance from the court or the Attorney General.
In an affidavit filed in the Constitutional Court, Kabuswe stated that based on legal advice from the Attorney General, that the application should have been made by notice of motion rather than summons.
He also pointed out that Sampa had not clearly specified the documents he sought and maintained that the petitioner should not rely on the court or the respondent to build his case.
Sampa has applied to the Constitutional Court to subpoena Kabuswe, Ministry of Mines Permanent Secretary Hapenga Kabeta, and ZCCM Investment Holdings (ZCCM-IH) Chief Executive Officer Ndoba Vubetti.
He argued that the transfer of Mopani shares to Delta Mining Limited, a subsidiary of International Resources Holdings (IRH), required parliamentary approval under Article 210 of the Constitution.
Sampa is requesting court intervention to obtain records related to the transaction, including agreements, memoranda of understanding, official correspondence, government reports, feasibility studies, meeting minutes, the Share Sale Agreement, Subscription Agreement, financial statements, and due diligence reports.
He is also seeking share transfer records from the Patents and Companies Registration Agency (PACRA) and communications with regulatory bodies such as the Securities and Exchange Commission and the Bank of Zambia.
He contended that the transaction lacked transparency and that these documents are essential for a fair legal determination.
Attorney General Mulilo Kabesha has defended the legality of the transaction, arguing that it did not violate constitutional requirements.
Kabesha contened that the deal was not a direct sale of a state asset but a share dilution.
He explained that ZCCM-IH, which initially held 100 percent of Mopani, issued additional shares, reducing its ownership 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 lolparliamentary approval for the sale of major state assets,” Kabesha submitted.
