Chita Lodge Limited has taken legal action against the Attorney General, seeking judicial review in the Lusaka High Court over delays by the Minister of Mines and Minerals Development in determining its appeal regarding the renewal of a mineral exploration licence in Petauke.
The company argues that the minister has unreasonably delayed making a decision on the matter, thereby infringing on its right to be heard.
In its application, Chita Lodge Limited is seeking several reliefs, including a declaration that the delay is “unreasonable, unfair, and inordinate,” as well as an order of mandamus to compel the minister to hear and determine the appeal without further delay.
According to court documents, Chita Lodge Limited Managing Director James Chungu stated that the company initially lodged an appeal with the minister on July 6, 2023, challenging the decision of the Mining Cadastre Department to reject its application for an exploration licence, numbered 27149-HQ-SEL.
“The minister has failed or neglected to consider and determine the appeal within a reasonable time,” Chungu stated in his affidavit. “As of December 20, 2023, no decision had been rendered.”
In response to the prolonged delay, Chita Lodge Limited sent multiple letters of reminder to the Minister, dated December 21, 2023; January 22, 2024; September 23, 2024; November 22, 2024; and January 15, 2025.
However, Chungu asserts that no response or decision has been provided to date.
“All these letters were served directly to the minister’s office, as evidenced by the date stamps, and there has never been any denial or dispute regarding their receipt,” Chungu added.
The company contends that the minister has a legal obligation under the Mines and Minerals Act No. 11 of 2015 to hear and determine appeals once lodged.
Although the Act does not specify a timeframe for rendering a decision, Chungu believes it should be done within a reasonable period.
“The minister’s delay in rendering a decision is inordinate and unreasonable and is prejudicial to the applicant’s right to be heard,” Chungu said.
“Furthermore, the applicant’s right to conduct business is being unjustly curtailed by the Minister’s failure to act.”
Chita Lodge Limited argues that since there is no provision in the Mines and Minerals Act to compel the minister to act, the court has the authority to issue an order of mandamus to ensure the minister fulfills his legal duty.
“I honestly believe that the circumstances herein warrant an order for leave to apply for judicial review,” he said.
