Sampa subpoenas Kabuswe, 2 others
By Mast Reporter
OPPOSITION Patriotic Front (PF) faction president Miles Sampa has applied to the Constitutional Court to subpoena Minister of Mines Paul Kabuswe and two others in a cause in which he is challenging the sale of Mopani Copper Mines (MCM) to International Resources Holding.
The other two are Dr Hapenga Kabeta, permanent secretary in the Ministry of Mines and Dr Ndoba Vubetti, chief executive officer of the Zambia Consolidated Copper Mines-Investment Holdings (ZCCM-IH).
Sampa says the transfer of shares from ZCCM-IH to Delta Mining Limited was executed “in direct violation of the constitutional safeguards enshrined in Article 210”.
He argues that Mopani Copper Mines constituted major state assets which should have been subject to parliamentary approval.
“The failure to obtain such approval renders the transaction constitutionally flawed, procedurally improper, and voidable,” Sampa states.
In his petition, Sampa is calling for a subpoena duces tecum to compel the production of all documents related to the transaction.
He specifies that the court should summon documents including “the complete record of the transaction between ZCCM Investment Holdings and Delta Mining Limited, international government reports, feasibility studies, minutes of meetings, strategic policy documents and all related contractual and financial records”.
He says it is imperative that all relevant documents are placed before the court to ensure a fair and just determination of the issues in contention.
Sampa’s challenge comes after an opposition affidavit filed on January 10 by Attorney General Mulilo Kabesha, which contended that the transaction was merely a “subscription of shares” and did not require parliamentary approval.
Sampa dismissed this position, asserting that the true nature of the deal was a sale and a transfer of shares in reality, not a subscription.
“The characterisation of the transaction as a subscription is a deliberate misrepresentation designed to evade the constitutional mandate,” he states.
Judge Mwandenga, presiding over the matter, granted procedural applications on March 3, ordering Kabesha to file a response by March 6 and Sampa to reply by March 10.
The hearing is set for March 11, with an extension for filing the record of proceedings due by March 4 and a status conference scheduled for March 5.
Sampa’s legal action seeks not only to nullify the transaction, but also to compel full transparency and adherence to constitutional processes in the management of state assets.
